When I go to my reinstatement court date, can I ask the judge to sign the final divorce decree?

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When I go to my reinstatement court date, can I ask the judge to sign the final divorce decree?

My divorce case was dismissed due to me not attending. However I did not know about the court date because I moved to other state. My soon to be ex husband did know about the date and didn’t inform me. I have filed for a motion to reinstate my case and have my court date quickly approaching. My husband and I haven’t lived with each other for a year and half. My divorce is paid for in full.

Asked on August 16, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds as if your case should be reinstated without a problem.  It was dismissed based upon what "technical" issues?  Did they claim that you abandoned the matter? It was dismissed or taken "off calendar" I assume and not dismissed on the merits or dismissed with leave to refile the matter, correct?   If all that you have to overcome is having the matter reinstated to the calendar  of the court it should not be a problem for the case to be reinstated and then to allow the court to sign the papers, provided that you requested that relief as well. I am assuming that your soon to be ex was notified of the court date (it is a motion correct? and he was served?) so he will be there as well.  Good luck to you.


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