What does it mean if a divorce was ordered dismissal w/o Prejudice?

Divorce 12 views 2 answers
does this mean that the person is still married? if so do they have to re-file to divorce again? also the paperwork says STATUS: DISPOSED-case disposed. what does all this mean?

Attorney Answers

2
Marshal Willick ·
Dismissal, whether dismissed with or "without prejudice" means much the same thing in the world of divorce. In OTHER kinds of cases, a dismissal "with prejudice" means that if the statute of limitations has run, the case cannot be re-filed. But no one is "sentenced" to remain married, so if the case (as it appears) has been dismissed for some technical reason, such as sitting for too long without being prosecuted, it means simply that one or the other party will have to file a new complaint to actually obtain a divorce.
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Schuyler Hoynes ·
Generally, when a case is dismissed without prejudice, it means the case has been dismissed without a final order, but that the plaintiff is allowed to re-file if he/she chooses. Usually, in divorce cases, if a complaint is dismissed without prejudice, it is because the case sat on the docket without any activity for too long, so the court dismisses the case and tells the party to try again when they're ready to move forward. So, yes, you're still married, and if you want to get divorced, either you or your spouse will have to file a new complaint and start the process over again.
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