No. A divorce petition in Texas doesn’t expire on a set date. Once you file it, the case stays open until a judge signs a final decree, the spouse who filed drops it, or the court dismisses it. The real risk isn’t expiration. It’s a dismissal for want of prosecution, which can happen when a case sits idle or someone misses a hearing.
That’s why some people learn the court closed their divorce months after they stopped working on it. Others find a petition they filed years ago is still pending. Here’s how the dismissal process works, what triggers it, and what you can do if your case has stalled or a dismissal notice shows up in the mail.
Why a divorce petition doesn’t expire in Texas
Texas law sets a minimum wait for a divorce, not a maximum. Under Texas Family Code Section 6.702, a court generally can’t grant a divorce until the 60th day after the petition is filed. Nothing in the Family Code says a petition lapses after 60 days, six months or a year.
That 60-day period is a floor. Plenty of cases take much longer because the spouses are dividing a house, a business or retirement accounts, or working out custody. Our post on the Texas 60-day waiting period explains what that minimum does and doesn’t mean for your timeline.
So a petition can stay on file for a long time. But a case that stays on file without anyone moving it forward draws the court’s attention. Texas courts manage their dockets, and an inactive divorce is exactly the kind of case they clear out.
What a DWOP means in a Texas divorce
A dismissal for want of prosecution, often shortened to DWOP, means the court closed your case because the person who asked for relief didn’t keep it moving. Under Texas Rule of Civil Procedure 165a, a court can dismiss a case when a party seeking relief misses a hearing or trial they knew about. A court can also put a case on a dismissal docket when it runs past the time standards the Supreme Court of Texas sets.
Rule 165a also recognizes that courts have inherent power to dismiss cases that aren’t being prosecuted, whether or not anyone files a motion asking for it.
Here’s the part that matters most: a dismissed divorce does not make you divorced. The judge hasn’t divided property, set custody or ended the marriage. You and your spouse are still legally married, as if the case had never been filed. No property division happened, and no child custody or child support orders came out of it. A DWOP is a procedural closing, not a ruling on the merits, so in most situations you can file again.
Reasons a divorce case gets dismissed
Most dismissals come from a short list of reasons. The Supreme Court’s Rules of Judicial Administration ask trial courts to finish contested family law cases within 6 months, and uncontested ones within 3 months, measured from the appearance date or from the end of the Family Code waiting period, whichever is later (Rule 6.1). Cases that run well past those standards are the ones that land on dismissal dockets.
The common triggers we see:
- Nobody served the other spouse, so the case never really started
- The filing spouse missed a hearing, a status conference or a trial setting
- There’s been no activity, meaning no filings and no request for a setting, in many months
- The couple reconciled or stopped communicating, and nobody told the court
- The spouses reached an agreement, but no one submitted the final decree for the judge to sign
That last one surprises people. A signed settlement isn’t a divorce until the judge signs the decree. If the paperwork sits in a drawer, the case can be dismissed even though everyone agreed on every issue.
How Travis County handles its dismissal docket
In Travis County, a divorce becomes eligible for the dismissal docket after more than 180 days on file with no answer. It also qualifies after 18 months on file with no trial setting and no filings or settings in the last 180 days. Those thresholds come from Local Rule 8.1, and the court can also designate any other case.
Each county sets its own procedures through local rules, so the details depend on where your case is filed. The Local Rules of the Travis County District Courts govern family cases as well as civil ones, and Chapter 8 lays out the dismissal process.
The Court Administrator sends notice of the dismissal date. Under Rule 8.3, the court dismisses those cases without further proceedings unless a party files a motion to retain. Rule 8.5 requires that motion to state the factual and legal basis for keeping the case and to be filed at least 14 days before the dismissal date.
Hays, Bastrop, Comal and Victoria counties manage their dockets under their own rules and practices. If your case is in one of those courts, read the notice carefully and check the court’s local rules, because the deadlines in the notice control.
What to do if you get a dismissal notice
A notice of intent to dismiss is a warning, not the end of your case. If you still want the divorce, act before the date on the notice. Don’t assume the notice was sent by mistake unless you can show the case was already dismissed or concluded.
When a client brings us a dismissal notice, we check the same things first. When was the petition filed? Was the other spouse served, and did they answer? What was the last filing or setting? What is the exact dismissal date, and what deadline does the court’s rule set for a motion to retain?
From there, the usual steps are to file a motion to retain on time, appear at any dismissal hearing, and ask for a trial setting or a final hearing. Under Rule 165a, if the court keeps a case after a dismissal hearing for failure to appear, it must enter a pretrial order with a trial date and deadlines. After that, the case can be continued only for valid and compelling reasons.
If your divorce case is dismissed
Once a case is dismissed, you generally have two paths: ask the court to reinstate it with a motion to reinstate, or start over with a new petition. Which one makes sense depends mostly on timing and on how far the old case had gotten.
You must file a verified motion to reinstate with the clerk within 30 days after the judge signs the dismissal order (Rule 165a(3)). The court must reinstate the case if it finds the failure wasn’t intentional or the result of conscious indifference. An accident, a mistake or another reasonable explanation is enough. If the judge doesn’t rule on the motion by signed order within 75 days after the dismissal, it’s overruled by operation of law.
What if you never got notice of the dismissal? Under Rule 306a(4), if you didn’t receive notice or learn of the order within 20 days, the clock can start when you actually learned of it. It can’t start later than 90 days after the judge signed the order.
Refiling is the other option. It means a new filing fee, a new case number and new service on your spouse. It also means the 60-day waiting period starts over, because Section 6.702 counts from the date the suit is filed. Any temporary orders from the old case, such as who stays in the house or temporary support, generally end with it.
That matters most for parents. If your temporary orders set child custody, a possession schedule or child support, those arrangements usually fall away when the case is dismissed. If you rely on them, a motion to reinstate filed on time is often the better path than refiling, and it’s worth having an attorney look at the dates right away.
Keeping a stalled divorce moving
The surest way to keep your case off a dismissal docket is steady progress. Make sure your spouse is served, or that they sign a waiver of service. Once served, a respondent’s written answer is due by 10:00 a.m. on the Monday after 20 days have passed (Rule 99(b)). If no answer comes, ask your attorney about the next step rather than waiting.
If the case is stuck on disagreements, a mediation date gives everyone a deadline to work toward. Our divorce mediation attorneys can help you prepare so the session actually settles issues. If you’re not sure which courthouse handles your case or how filings work there, our guide to filing for divorce in Travis, Hays and Comal counties walks through the basics.
If you’ve lost track of where your case stands, a quick review with one of our Austin divorce lawyers can tell you whether you’re close to a dismissal docket and what it will take to reach a final decree. A short check now is easier than reinstating or refiling later.
This article is general information, not legal advice for your situation. If your divorce has stalled, or you’ve received a dismissal notice, you’re welcome to talk with our divorce attorneys at our Austin, Buda, Bastrop, New Braunfels or Victoria offices. Call (512) 400-2350 to schedule a consultation.
Frequently asked questions
How long does a divorce petition stay active in Texas?
There’s no fixed expiration. A Texas divorce petition stays active until a judge signs a final decree, the filing spouse nonsuits the case, or the court dismisses it for want of prosecution. Courts aim to finish contested family cases within about 6 months and uncontested ones within about 3, so long-idle cases risk dismissal.
What happens if my spouse doesn’t respond to the divorce petition?
If your spouse was properly served and doesn’t file an answer by the deadline, you can ask the court to move forward without their participation, often called a default. You still have to prove up the divorce at a hearing. Waiting without asking for a setting can put the case at risk of dismissal.
Can a divorce dismissed for want of prosecution be reopened?
Yes, in many cases. You can file a verified motion to reinstate within 30 days after the dismissal order is signed, and the court must reinstate if the failure was an accident or mistake rather than intentional. If that window has passed, you can usually file a new petition.
Am I divorced if my case was dismissed for want of prosecution?
No. A dismissal for want of prosecution closes the case without a decree, so the marriage continues. No property was divided and no custody orders were made. To finish the divorce, you’d need to get the case reinstated or file a new one.
What if we reconcile while the divorce is pending?
The spouse who filed can dismiss the case by filing a nonsuit under Rule 162 rather than letting it sit. If the other spouse filed a counterpetition asking for their own relief, a nonsuit doesn’t erase that claim, so the case may continue unless both of you dismiss.