Can i re open a divorce case that was dismissed without prejudice. I filed for MAD but I must skipped a 1 step by mistake
I forgot to file for default dissolutuon, before filling my affidavit for divorce without a hearing. The court then dismissed my case after too long of a waiting period. I want to pick up where I left off. No children. No claims from either of us to anything but the shirts on our backs. I just don't know where to pick up the pieces from here
You need to file a Motion to reinstate the divorce matter. Sometimes the Judges will allow the case to be reinstated and sometimes they will force you to file another dissolution and pay the filing fee again. It mostly depends on how much time has passed since the case was dismissed.
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Usually, when a case is dismissed *without* prejudice, that means you can have another shot at it. Dismissal *with* prejudice, on the other hand, means you don't get a second chance. You may wish to consider hiring an attorney when you try again just to make sure you go through the process correctly and don't miss any important deadlines.
