A notice of nonsuit allows a petitioner in a Texas divorce case to voluntarily dismiss their case at any point before they have finished presenting their evidence, excluding rebuttal evidence. Under Texas Rule of Civil Procedure 162, filing a nonsuit effectively makes the case moot, meaning the court no longer has the authority to rule on the merits of the case.
However, it’s important to note that while the petitioner has the right to nonsuit their case, this action does not affect any pending claims for affirmative relief filed by the other party. Additionally, the court may still address issues like sanctions or attorney’s fees even after a nonsuit is filed.
Filing a notice of nonsuit can be a strategic move in a divorce case, but it’s essential to understand its implications fully. Consulting with an attorney before taking this step can help ensure that your rights are protected and that the nonsuit does not inadvertently impact other aspects of the case.