Written by attorney Ryan Michael Reppucci

Why Is My Arizona Family Court Case Being Dismissed?

Rule 46 (B) of the Arizona Rules of Family Law Procedure ("ARFLP") governs the dismissal of family court cases within Arizona. In particular, pro se (self represented) litigants in family matters, must remain aware that one hundred and twenty (120) days after filing of a petition, if no Motion to Set has been filed by either party, or if the court has not set the matter for trial, hearing, or conference, the court may issue a notice that the matter will be dismissed by the court after sixty (60) days without further notice.

It should be noted that if you have received a notice of dismissal from the court, you may file a motion seeking court permission for extension of the period described in your notice letter. Such requests are generally freely given, although the Rules state the period may be extended by the court for "good cause shown."

If you have received a dismissal notice, but have yet to serve the Respondent, it is strongly suggested that you make arrangements to meet with an experienced Arizona Family Lawyer.

In addition to the 120 days, a case may also be involuntarily dismissed for several other reasons. A non exclusive example demonstrating why one's case may be involuntarily dismissed is for failure of the Petitioner to prosecute or to comply with the Rules of ARFLP or any court order.

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