A DWOP Order – Don’t Let That Stop Your Divorce! - Reynaldo Garza, III

Divorces can take some time to be concluded, especially if they end up having to be finalized in court.

Many times, cases that require court hearings are more challenging divorces in which divorce attorneys and their clients must rely on the judge to aid the negotiation process or make certain decisions.

Still, these cases do require that spouses and their lawyers actively participate to progress the case forward as needed to fulfill the court’s requirements.

When that does not happen, divorce law firms may receive a Dismissal for Want of Prosecution or DWOP notice if progression stalls, warning that some kind of action must be taken soon to keep the case on schedule.

What Is A DWOP Order?

A DWOP notice is a Dismissal for Want of Prosecution order that is issued by the court to attorneys and their clients when a divorce proceeding is taking too long.

Usually, this notice is issued when time has passed and the court believes the case has been idle for an extended period of time without communication from divorce law firms or their clients about any progress being made.

The family court holds the right to dismiss any cases that do not seem to be moving forward so it can prevent backlogs that could affect other cases.

Why Would the Court Issue A DWOP Order?

There are a number of reasons why the court might send a DWOP notice to a divorce lawyer when the case seems to have stalled.

These can include the failure of one or both parties to appear in court, failing to serve or respond to papers, a lack of communication between attorneys, failure to meet a case-related deadline, intentional stalling, a lack of motivation by either side to resolve conflicts or otherwise move the case forward, and other reasons.

What Does A DWOP Order Mean for A Divorce Case?

When a case has stalled beyond what the court believes is a reasonable amount of time for lawyers and their clients to take care of whatever is necessary to keep them moving forward, it can be placed on a dismissal docket with the intent to dismiss if no action is taken.

The court sends a DWOP notice to divorce law firms involved in the case to alert the parties involved that the case is facing dismissal.

To prevent dismissal, attorneys must act immediately and present the court with a reason for the delay and then maintain communication with the court if the reason is found to be valid.

Can the Case Proceed After A DWOP Order?

Yes, a case can continue after a DWOP notice has been issued by immediately providing a response to the notice and getting the case back on track.

Divorce attorneys and their clients must resume negotiations and appear in court as required to keep the case progressing; however, if the case does get dismissed due to delays that the court refuses to recognize, it is not the end of the world.

Spouses and their lawyers can restart the divorce process by filing again and starting a new case.

Keep Divorce Cases On Track

Getting a DWOP order usually means that there is some kind of communication breakdown between the court, divorce lawyers, and divorcing spouses.

While some case delays may be unavoidable and it is possible to refile a case that gets dismissed, it is not an ideal situation as it means starting from scratch and paying all the legal fees again.

To ensure this does not happen during a case, retain the services of a divorce law firm that is sure to avoid situations that could result in a DWOP order being issued.

Experienced lawyers who understand the need to keep a case moving forward can get their clients’ divorces finalized as quickly as possible.