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I dismissed a dissolution case in AZ with prejudice and it was granted over objection, does resjudicata apply?

Carlsbad, CA |

The trial got reset or was going to be reset due to misconduct and invalid custody orders made in a foreign state. I got the courts of each state to hold a UCCJEA conference but I put my motion before the AZ court at the same time just in case because the trial was weeks away. The judges held conference and converted final trial to status conference to discuss positions. I stated to sustain my motion to dismiss with prej as it was presented. spouse objected, judge overruled the objection and the minute entry states my motion granted over objection. Case dismissed - Full

The reason I sustained the motion even after getting the courts to confer that AZ was home state and my judge would modify the foreign order hence reset the trial was due to me moving to the foreign state to file a set aside/vacate for lack of personal/subject matter jurisdiction. My adversary is playing crazy games and hiding in fear of their wrong doing so I felt it be best suited for the children to not drag things on in AZ and come to the foreign state and establish order their for their sake.

Attorney Answers 3


  1. Your matter very complicated and not suited for a quick answer in this forum. You need to seek out the help of a family law attorney.

    I can't even tell from your question what you dismissed. It sounds almost you ended proceedings and are still legally married. Also, res judicata as to what issues? It doesn't sound like anything was ever decided by the court.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.


  2. I agree that you really need to talk with an attorney face-to-face for a free consultation Use Avvo's Find a Lawyer tool

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. Souinds like both are playing games. Resjudicata will not apply. But it is best that the two of you decide what is best for the child rather than plan these procedural games.

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