Divorce Case shows as ‘trial on merits’ ‘case disposed – no mediation occured’ – what does this mean?

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Divorce Case shows as ‘trial on merits’ ‘case disposed – no mediation occured’ – what does this mean?

I filed for divorce end of 2008, however, my pauper’s oath for dismissal of fees was denied and I have not been able to pay the court costs to finalize the divorce. The last date to pay was 04/30 and my case shows as ‘dismissed for want of prosecution’ online. However, now it shows a new setting date for 07/13 with the comment ‘trial on merits’ and ‘case disposed no mediation occured’, family trial docket – all for this date 07/13. What does this mean and what do I have to do now? Do I have to appear in court? Can I still get my divorce if I pay the fees?

Asked on June 13, 2009 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

"Want of prosecution" means that the person who filed the matter has done nothing to move it along and the matter is dismissed.  However, "trial on the merits" is a trial on the substantive issues in the case.  And "case disposed" means the matter is over is some way.  The "mediation" reference must be to the rules in the County in which you live where the parties are put before a mediator to try and resolve the issues before a trial on the merits.  

You should go down to the Courthouse and speak with a clerk.  Explain your situation and ask what you should do.  They sometimes have forms you can use "pro bono"  - without a lawyer. Good luck.


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