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What to do if my divorce case has been dismissed?

Phoenix, AZ |

I filed for divorce in March of '09. I was told that we'd be divorced after we both signed the Acceptance Of Service, and that there was nothing else to do. Nine months after that I received a dismissal letter. I didn't receive anything before that letter. I am the respondent.

Attorney Answers 3


  1. If the case has been dismissed, either of you can file (or you can file together) to reinstate the action and pick up where you left off, or either of you can start over and file a new action. Either way, I recommend you speak with an attorney to discuss the process in more detail so you will know what is expected of you.

    ** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **


  2. When a dissolution case is dismissed, it is dismissed "without prejudice," meaning that you are free to refile the case at any time. At this point, you can either (1) file a Motion to Reinstate your original matter, if good cause exists for doing so, or (2) refile a new dissolution matter with the Court. I recommend that you consult with an attorney to determine the procedural method that will be the most cost and time-effective for you.

    The above information is not legal advice, but rather is provided as general information only and does not imply or create an attorney-client relationship. To obtain legal advice, please contact an attorney licensed in your state.


  3. The person who advised you was wrong and should not have interfered. After you filed, you were required to put together your agreement in proper form and present it to the judge assigned to your case in accordance with the Arizona Rules of Family Law Procedure, or proceed to trial under those Rules.

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