Can my spouse, who originally filed, drop the divorce without my consent or knowledge?

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My husband filed a uncontested divorce, then I counterfiled contested. Can he drop the divorce without my signing something or my consent? I am afraid he is up to something because he is dragging his feet on the interrogatories.

Attorney Answers

3
Marjorie Bristol ·
He can voluntarily dismiss his complaint, but this should not affect your counter-complaint. If you don't already have an attorney, you should get one. If he is not answering the interrogatories, there are legal steps, including a motion to compel, that can be filed to have the judge order him to answer. Best of luck!
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James Richard Cook IIDivorce / Separation LawyerKingsport, TN ·
Generally speaking, he can voluntarily dismiss his Complaint without your consent. However, their are certain exceptions. Further, it will not effect your Counter-Complaint, if you have one filed. I recommend speaking with an attorney in your area. You can you use the "Find a Lawyer" link above to find an experienced attorney in your area. Best of luck!
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William Todd ·
Your husband can take a voluntary dismissal of his original complaint at any time; but, because you have filed a counter-complaint your counter-complaint is still pending and you have now become the Plaintiff. Whether you choose to proceed on your counter-complaint is up to you. I would suggest that you consult with your attorney or if you don't have one the immediately hire one if you wish to proceed.
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