Can I still get a divorce after filing a dismissal? 5 Answers as of June 02, 2011

I filed for divorce after being married for only one month. A few weeks later after filing my husband convinced me to stop the divorce and I did. After counseling and trying to work it out I still want a divorce. Come to find out I filed a "dismissal with prejudice" can I still get a divorce?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You will have re-file for a divorce. You may always seek a divorce however.
Answer Applies to: California
Replied: 6/2/2011
The English Law Firm
The English Law Firm | Robert English
You can still get a divorce but you have to file it as a brand new action.
Answer Applies to: California
Replied: 6/1/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes, you can still get divorced. A dismissal is not a complete barrier to ever getting divorce. I.e., it's not a marriage prison. You just need to open a totally new case with the court. I.e., you need to start from the beginning and file the same forms as you did before (e.g. Dissolution Petition, Summons, and UCCJEA Declaration if you have kids). Good luck!
Answer Applies to: California
Replied: 6/1/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
I think you need to file a motion to amend the dismissal to without prejudice, then you can refile. I assume that this was a clerical error, so the court should grant it. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/1/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Notwithstanding your grievous error, I know of no Judge who would leave you forever bound to the carcass of a dead marriage. File and serve a new divorce case and proceed to judgment.
Answer Applies to: California
Replied: 6/1/2011
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