Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My divorce has been abated for now. Is the a limit on how it…

Customer Question
My divorce has been abated...
My divorce has been abated for now. Is the a ***** *****mit on how long it can remain frozen? Also , my husband demanded I sign a Partitioning Agreement ,this was after the judges Temporary Ruling. If we decide to divorce which takes precedent, Judges temp. Ruling or Part. Agreement? & Lastly, how often are Temp. Rulings changed ,ie, as in custody & who gets what?
Thank you,
Carol
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 13 minutes by:
3/4/2012
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,850
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Under the Texas law, Tex. R. Civ. P. 165a;Dismissal for Want of Prosecution, your case can be dismissed for:

1. Failure to Appear. --A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice. Notice of the court's intention to dismiss and the date and place of the dismissal hearing shall be sent by the clerk to each attorney of record, and to each party not represented by an attorney and whose address is shown on the docket or in the papers on file, by posting same in the United States Postal Service. At the dismissal hearing, the court shall dismiss for want of prosecution unless there is good cause for the case to be maintained on the docket. If the court determines to maintain the case on the docket, it shall render a pretrial order assigning a trial date for the case and setting deadlines for the joining of new parties, all discovery, filing of all pleadings, the making of a response or supplemental responses to discovery and other pretrial matters. The case may be continued thereafter only for valid and compelling reasons specifically determined by court order. Notice of the signing of the order of dismissal shall be given as provided in Rule 306a. Failure to mail notices as required by this rule shall not affect any of the periods mentioned in Rule 306a except as provided in that rule.

2. Non-Compliance with Time Standards. --Any case not disposed of within time standards promulgated by the Supreme Court under its Administrative Rules may be placed on a dismissal docket.

3. Reinstatement. --A motion to reinstate shall set forth the grounds therefor and be verified by the movant or his attorney. It shall be filed with the clerk within 30 days after the order of dismissal is signed or within the period provided by Rule 306a. A copy of the motion to reinstate shall be served on each attorney of record and each party not represented by an attorney whose address is shown on the docket or in the papers on file. The clerk shall deliver a copy of the motion to the judge, who shall set a hearing on the motion as soon as practicable. The court shall notify all parties or their attorneys of record of the date, time and place of the hearing.

The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.

In the event for any reason a motion for reinstatement is not decided by signed written order within seventy-five days after the judgment is signed, or, within such other time as may be allowed by Rule 306a, the motion shall be deemed overruled by operation of law. If a motion to reinstate is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to reinstate the case until 30 days after all such timely filed motions are overruled, either by a written and signed order or by operation of law, whichever occurs first.

4. Cumulative Remedies. --This dismissal and reinstatement procedure shall be cumulative of the rules and laws governing any other procedures available to the parties in such cases. The same reinstatement procedures and timetable are applicable to all dismissals for want of prosecution including cases which are dismissed pursuant to the court's inherent power, whether or not a motion to dismiss has been filed.

The Texas courts state in general, (since there is no specified time for a DWOP), that failure to take any actions on a case at all within 2 years is grounds for a DWOP.

Temporary rulings are generally changed only when the evidence has been put forth in the divorce case showing that the allegations in the divorce pleadings seeking custody or support were not in the best interests of the children. As far as a frequency, it is impossible to say anything other than it really depends on the specific facts of each case, which is why you cannot get a straight answer.

The judge's final decree and final orders take precedence in a divorce and sometimes they uphold their temporary rulings and sometimes they change them completely or sometimes they just modify them.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Family Law Question
Customer reply replied 6 years ago
Relist: Inaccurate answer.
Want different lawyer . My ? .which takes precedent ...a temp ruling by a judge ,then while divorce is frozen ,a partitioning agreement is signed by husb and wife.ie who gets what..
Which one does law go. By if div. Is later unfrozen?
Family Lawyer: Joseph, Family Law Attorney replied 6 years ago
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified

As you have relisted the question and the previous expert has opted out, I thought I would step in to see if I might be able to help. Before proceeding, I'd like a bit of clarification:

Is there a specific issue that has you concerned?

If so, is this issue addressed in either document?

Thank you.

Ask Your Own Family Law Question
Customer reply replied 6 years ago
Is there a time limit once a divorce has been abated? , or can it stay frozen for years?
My question is ..... The Judge's temporary ruling ....my husband got the house ,all contents inside & all cars except one. I got my car, and 18 thousand dollars a month for two years. All of our other properties ,land.etc., would be divided at next hearing, @ 60 days out.
My husband wanted to try to reconcile so I never moved out of the house. I also never received any $ from him.
He said if I wanted to stay in home I must sign a partitioning agreement & take a polygraph test. I said ok. His lawyer set me up with a lawyer friend of his to be my council for the Partitioning Agreement. In the agreement it states if we divorce , I get the house, half contents inside home,and my car,& spousal support that a judge will decide. I have been married almost 20 yrs and never worked.
So, if I unfreeze the divorce does the Partitioning Agreement over-ride Judge's temp. ruling or not?
Thank you.
Family Lawyer: Joseph, Family Law Attorney replied 6 years ago
I apologize for the delay but Mondays are always very busy at my office. I am on the road right now and, as you have a lot of questions, I would perfer to respond from my computer. I will be online most of the evening so we will have plenty of time to work through your issues. Is that satisfactory?
Thank you.
Ask Your Own Family Law Question
Family Lawyer: Joseph, Family Law Attorney replied 6 years ago

There is no time limit inherent in an abatement, it can remain in place as long as you both like. Either of you could re-initiate the litigation by filing an appropriate motion. Having said that, and as pointed out by the previous expert, an abatement of more than two years is likely to lead to a dismissal for want of prosecution.

As to the judge's order versus your stipulation, the answer will likely be a bit convoluted. As I understand it, the judge's order came first and the stipulated agreement came next. As such, the agreement would likely take priority. However, if there are issues within the order that are not addressed in the agreement, then the language in the order would likely still be binding.

I know your questions are rather complex, please feel free to let me know if anything requires clarification.

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
7,280 Satisfied Customers
Experience: I have over a decade of experience as a Family Law litigator

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
At the first hearing of my paternity, child support, and
Hi, at the first hearing of my paternity, child support, and legitimation case, I was granted joint legal custody while the mother was awarded physical custodianship of our minor child (1yrs old). The… read more
LegalGems
LegalGems
Juris Doctorate
12,814 satisfied customers
I chatted with you Sunday about doing and emergency custody
I chatted with you Sunday about doing and emergency custody hearing and was hoping you could tell me any additional information I may need to know before I go up there. Like its the any thing I need t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
I have a friend recently going through divorce proceedings.
I have a friend recently going through divorce proceedings. Only in the beginning. Its a no fault divorce. But he was the one who did leave the house. They went for a motion that his wife filed, basic… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm a divorced mother of three--along with a son from
Hi, I'm a divorced mother of three--along with a son from another marriage to make four--who has had custody of the three children for 7 years.Recently, my ex--who was paying a paltry $550/month in su… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
If a final protective order is sought out against me. An my
If a final protective order is sought out against me. An my ex husband take my kids from me… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I filed on 6/9/16. My spouse signed a waiver of service on
I filed for divorce on 6/9/16. My spouse signed a waiver of service on 6/22. All have been filed at courthouse where I live. I allowed our two children to visit him out of state on 6/30 & return home … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Me and my wife are separated and we both agree that I'll
Me and my wife are separated for good and we both agree that I'll have custody of our 2 children that are ages 6 & 2. I have had them since the separation when she moved out and she also agreed that t… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
My ex husband put a temporary ex parte on my kids and change
my ex husband put a temporary ex parte on my kids and change of residential address in 2004 there is nothing else we can find on it so does he have custody… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I have filed a SAPCR and my wife refuses to sign it. She agrees
I have filed a SAPCR and my wife refuses to sign it. She agrees to the terms of the children, which is what the SAPCR is concerning. She says the only reason she will not sign it is because she wants … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I am the petitioner for my divorce. She failed to show the
I am the petitioner for my divorce. She failed to show the judge entered a default divorce. She vacated it. We had our hearing and the judge decided what I should pay on a temp order. My question is d… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I live in Washington state. My husband and I have been married
I live in Washington state. My husband and I have been married for over 3 years. we have a 7 month old baby. My hasband has been seeking prostitute service for the past 3 years. The followings are the… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
in colorado. I am a very involved dad with 4 kids. wife decided
in colorado. I am a very involved dad with 4 kids. wife decided she is a lesbian. we filed jointly for divorce 4-1-12. agreed to 50/50 parenting time, which we did for about a month. then wife got att… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I went to trial to modify visitation of to my original divorce
I went to trial to modify visitation of to my original divorce decree. Before the judge made her final ruling in the final trial, we had to follow a temporary order. Now, that the trial is complete, w… read more
Floridalegalanswer
Floridalegalanswer
Attorney
Attorney
377 satisfied customers
I am asking the judge to rule on my petition in divorce court
I am asking the judge to rule on my petition in divorce court since my divorce case is closing due to death of husband. However, during the divorce proceedings I think his ruling was tied to a petitio… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My husband died on 10/24/10. We were in the middle of objections
My husband died on 10/24/10. We were in the middle of objections following a magistrates decision from our divorce hearing. 3 days before he died he requested a continuence for supplemental objections… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Plaintiff asked for Separation Agreement to be incorporated
Plaintiff asked for Separation Agreement to be incorporated into Absolute Divorce. Defendant argued that the portion on child support and custody had changed and that the agreement should not be incor… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My husband was arrested and removed from our home for pushing
My husband was arrested and removed from our home for pushing me for the last time. I have an appointment with an attorney but not until September. My husband has shut off our phone and is not paying … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
How long does Oklahoma have for a Final Decree to state a determination of Child
If no state has made a valid custody determination, the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, as adopted by each state, will apply.… read more
hocuspocusme
hocuspocusme
Attorney
Master's Degree
282 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x