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Divorce and Dismissals

At the Orange County Law Office of David P Schwarz we have litigated numerous divorce cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at depslaw66@gmail.com.

A Divorce lawyer will explain to you about Dismissals in family law actions, as in civil actions generally, are made with or without prejudice: A dismissal “with prejudice” is res judicata in that it bars future action on the same matter. A dismissal “without prejudice,” on the other hand, leaves the parties free to bring a new action on the same subject.

“Voluntary” dismissals occur upon request by a party seeking affirmative relief (or by any party upon consent of all other parties). They may be with or without prejudice, but if requested after commencement of trial generally are with prejudice.

A Divorce attorney will explain to you that “Involuntary” dismissals are not consensual. They are ordered by the court for delay in prosecution and are “without prejudice” unless the dismissal goes to the merits of the case. Dismissals for procedural derelictions are not on the merits.

Impact on subsequent domestic relations action: Dismissal of a dissolution action before entry of the dissolution “status” judgment is of little consequence to the parties' procedural rights. Since “irreconcilable differences” can be alleged at any time, either party can simply refile the dissolution action. Entire dissolution action may “simply be refiled” following dismissal for delay in prosecution.

At the Orange County Law Office of David Schwarz will explain to you that a dismissal after entry of a “status only” dissolution judgment in a bifurcated case would prejudice the right to return to the family court for a resolution of the unresolved issues. For instance, unadjudicated community property and debts may be divided by postjudgment motion.

A Divorce attorney Moreover, it is questionable in any event whether a dismissal at this juncture, after a status-only judgment and before adjudication of the remaining issues, would ever be proper status-only dissolution judgment “shall expressly reserve jurisdiction for later determination of all other pending issues”

Jurisdiction terminates; preliminary orders superseded: A written order of dismissal, with or without prejudice, constitutes a judgment in the case and concludes the proceedings. Thereafter, except to the extent otherwise provided by statute, the court lacks both subject matter and personal jurisdiction to enter further orders in the action.

Moreover, except for pendente lite obligations that accrued before the dismissal (and which thus remain enforceable by ordinary methods), preliminary orders have no further effect.

At the Orange County Law Office of David P Schwarz we will properly apply dismissals to all the Divorce actions we litigate. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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