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A case of dismissed without prejudice .... can it be appealed and how

Phoenix, AZ |

ive been seperated from y wife for several years and being trying to get a divorce and when i finally was able to see a judge i was told i had to find her and have proof of address for her and they gave me several days so i finally got the address served the papers she refuse to sign i filed a default judgment to present all my papers that i have that i was ordered to get and 2 days later my case was dismissed

Attorney Answers 4

Posted

Dismissal without prejudice means the case can be refiled. You'd be best served by getting an attorney to handle this for you. But if you are determined to do it yourself, refile it and pursue it diligently this time. Good luck.

I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general informational purposes only. If you desire legal advice, please consult a lawyer and form an attorney client relationship.

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Posted

It sounds as though you had some procedural issues that are more easily handled through an attorney. It is likely your case could also be reinstated if the facts support a reinstatement. I recommend you get direction from an attorney from here on out. Many firms, like mine, offer free consultations.

This answer is provided for general information only and is not to be construed as legal advice. This response is not intended to create an attorney-client relationship.

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Posted

It may not be too late to have the case reinstated.

To serve her, you should use a process server. Her signature would not be required, but the first step would be to get the case reinstated.

Unfortunately, you appear to be lost as to what you need to do as you have made multiple errors. I and most other family law attorneys would be happy to discuss assisting you in completing your divorce. The consultation is free.

Patrick Sampair
The Sampair Group, PLLC
623.218.1000

Information provided on this site does not constitute legal advice. Answers posted here are based on a very limited amount of information and are given without a conventional consultation. Information posted here should be valued accordingly. We offer free initial consultations that require completion of a questionnaire detailing your situation and a personal one-on-one attorney interview to provide qualified legal advice. The answers posted here might be completely different with more information.

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Posted

Because your case was dismissed without prejudice you can simply re-file the case. Upon filing the petition you will need to serve your wife. As another attorney mentioned, you should have a process server serve your wife if she refuses to sign otherwise. Many process servers will likely charge anywhere between $50-$150, and you may be able to request your wife to reimburse you for the costs if you are hiring the process server because she is being unreasonable. Also as another attorney mentioned, there may be a chance of getting your case reinstated.

I suggest you bring your documents from your initial filing and sit down with an attorney to discuss the matter in person whether you need guidance to do the divorce on your own or professional representation. We offer free initial consultations for family law matters and would be happy to meet with you.

Information provided on this site does NOT constitute legal advice. Answers posted here are based on a very limited amount of information and are given without a conventional consultation. Information posted here should be valued accordingly. In most situations our firm offers free initial consultations that require completion of a questionnaire detailing your situation and a personal one-on-one attorney interview to provide qualified legal advice. The answers posted here might be completely different with more information. Further, this attorney is only licensed to practice in certain jurisdictions, and answers may vary depending on differing state law. Answers to questions on this site are not intended to create an attorney-client relationship, and confidential information provided here is not protected by an attorney-client privilege.

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