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

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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
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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: 124,408
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.


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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.

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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.
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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.

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