Can A Dismissed Divorce Case Be Refiled?

divorce lawyer Andrew LaufersQuestion:

I filed a voluntary dismissal of my divorce case but would like to reopen proceedings.

Can a closed divorce case be refiled?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.

Generally, in most states you can re-file a divorce if you pay a new filing fee. You will need to redo all of the pleadings including a Petition for Dissolution and Summons in order to re-file.

If your case was not a divorce but a contested family motion, then you can generally re-file from a voluntary dismissal unless you dismissed it with prejudice.

Motions that are dismissed with prejudice cannot be re-filed. If they are dismissed without prejudice, then you are free to re-file.

You should show your voluntary dismissal documents to your divorce attorney to see how your dismissal was processed. In any motion that is re-filed you must meet the statutory requirements of your motion.

Divorce Resources:

State Divorce Laws

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.

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