Divorce is never an easy process. But what happens if your divorce case was dismissed by the court—can a dismissed divorce case be reopened? The answer is yes, but only under specific conditions. If your divorce case was dismissed for lack of action, a missed hearing, or even mistakenly, you might still have options.
This article explains everything you need to know about reopening or reinstating a dismissed divorce case in Texas or other US states.
Whether you’re trying to protect your rights, preserve custody or property issues, or correct a legal error, this guide walks you through the steps to take and the legal rules involved.
What Does It Mean When a Divorce Case Is Dismissed?
Before understanding if a dismissed divorce case can be reopened, it’s important to understand what “dismissed” actually means in legal terms.
Dismissed for Want of Prosecution (DWOP)
In many courts, especially in Texas, a divorce case can be dismissed for “want of prosecution.” This means that the court closes your case because nothing has happened in a while, or you missed a scheduled court date.
- No updates, no progress = dismissal
- Missing a scheduled hearing = dismissal
In both cases, the judge removes your case from the active docket. The case isn’t decided—it’s just closed, as if it never happened.
Voluntary vs. Involuntary Dismissal
- Voluntary dismissal happens when you (or both parties) decide to withdraw the case.
- Involuntary dismissal happens when the court dismisses the case due to inactivity or procedural issues.
The reason your case was dismissed plays a big role in whether you can reopen it.
Can a Dismissed Divorce Case Be Reopened?
Yes, a dismissed divorce case can be reopened, but only if you act quickly and meet the legal requirements.
Whether the case was dismissed before a final divorce decree was signed or after it, the court rules are different. The most common reasons for reopening include:
- The dismissal was a mistake
- You missed a hearing for reasons beyond your control
- There was fraud, miscommunication, or clerical error
- You have new evidence that wasn’t available before
Reasons to Reopen a Dismissed Divorce Case
Here are some legitimate reasons the court may consider for reopening your case:
Mistake or Accident
If you missed a hearing because of a personal emergency, illness, or you didn’t receive proper notice, you can explain this in a motion to reinstate.
Fraud or Misrepresentation
If the other party lied to the court or acted in bad faith, you can ask the judge to reopen the case.
Newly Discovered Evidence
If you find important facts after the dismissal that could affect the outcome of your divorce, the court may let you present them.
Legal Error
Sometimes, the court itself may have made a clerical error in dismissing the case. These are usually fixed through a process called nunc pro tunc or a Rule 329b(d) motion in Texas.
Time Limits to Reopen a Dismissed Divorce Case
Courts have strict deadlines. If you miss these, your case may be gone for good.
Motion to Reinstate – 30 Days Rule
If your divorce case was dismissed, you generally have 30 days from the date of the dismissal order to file a Motion to Reinstate.
Exceptions:
- If you didn’t know about the dismissal until much later, your 30-day clock may start from the day you learned about it—but no later than 120 days from the judge’s order.
Motion for New Trial
If a final decree was entered but you think it was wrong, you can file a Motion for New Trial within 30 days.
Bill of Review
If the 30-day deadline has passed, you may still be able to file a Bill of Review. This is a legal tool to reopen a final judgment—but only if:
- You had a strong case
- You were stopped from presenting it due to fraud, accident, or wrongdoing
- You acted with due diligence
How to Reopen a Dismissed Divorce Case: Step-by-Step
Reopening your case involves a few legal steps. You may want to work with a family law attorney, but here’s a simplified guide:
Step 1: Confirm the Status of Your Case
- Was the case dismissed before a final divorce was granted?
- Or was there a final decree, and now you’re seeking to challenge it?
This determines what type of motion you should file.
Step 2: Choose the Correct Legal Procedure
Depending on your situation, you might use one of the following:
| Legal Tool | When to Use |
| Motion to Reinstate | Case was dismissed for lack of prosecution or missed deadline |
| Motion for New Trial | Final decree entered, and you spotted a legal error or issue |
| Bill of Review | Judgment finalized; you’re outside the 30-day window but have strong justification |
| Nunc Pro Tunc or Rule 329b(d) | Court made a clerical or mathematical mistake |
Step 3: Prepare Your Motion
Include:
- Your full case details (court name, cause number, parties involved)
- Clear reason for the motion: mistake, emergency, lack of notice, fraud, etc.
- Evidence: affidavits, emails, medical reports, etc.
- A proposed new hearing date (where required)
Step 4: File and Serve the Motion
File your motion with the same court that dismissed your case. You must also serve a copy to the other party or their lawyer, if they had one.
Step 5: Attend the Hearing
Be ready to explain:
- Why the case was dismissed
- Why you didn’t act sooner (if applicable)
- Why it’s fair to reopen it now
Bring all your evidence and any witnesses who can help.
What Happens After the Case Is Reopened?
If the judge agrees with your motion:
- Your case is placed back on the court’s docket
- You continue with the divorce process: hearings, evidence, negotiation, etc.
- Any prior temporary orders (like custody or spousal support) might be reinstated
If the judge denies your request:
- You may have to start over by filing a brand-new divorce case
- You’ll pay filing fees again and re-serve your spouse
- If deadlines (like the statute of limitations) have passed, you might not be able to refile
Common Mistakes That Can Ruin Your Chances
Many attempts to reopen divorce cases fail. Here’s why:
Missing Deadlines
Even if your reasons are valid, if you miss the 30- or 120-day limits, courts often say no.
Weak Evidence
The judge needs real, documented proof. Saying “I forgot” or “I was confused” usually isn’t enough.
Waiting Too Long
Even with a valid excuse, waiting weeks or months can work against you.
Not Following Local Rules
Each court might have its own process or forms. Missing a required step or filing in the wrong format can lead to denial.
Why You Might Want to Reopen a Divorce Case
Here are some common real-world reasons people seek to reopen:
- You were served at the wrong address and never knew about the case
- Your spouse lied about income or assets during the divorce
- You missed a hearing because you were hospitalized or deployed
- The court dismissed your case while you were trying to gather paperwork
These situations are more common than you think—and courts are willing to help if you act quickly and present a strong case.
Do You Need a Lawyer to Reopen a Dismissed Divorce Case?
You don’t always need a lawyer, but having one can significantly improve your chances.
A family law attorney can:
- Determine which motion is right for you
- Help meet deadlines and gather evidence
- Argue your case in court
- Prevent further delays or dismissal
If cost is a concern, look for local legal aid or use free resources like TexasLawHelp.org, which provides templates for motions to reinstate or retain your case.
Final Thoughts: Act Fast, Stay Informed
So, can a dismissed divorce case be reopened? Yes, but only if you act quickly and follow the right legal steps. The court system is strict about deadlines and expects clear reasons backed by evidence.
If your case was dismissed because you missed a hearing or ran into procedural issues, you may still have time to get things back on track. But waiting too long can cost you more than just time—it could cost you your chance at divorce, property rights, custody agreements, and more.