Do I have to refile if my divorce was not finalized? 19 Answers as of May 13, 2011

Do I need to start from the beginning again or can I go to where I left off?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It's hard to determine from your question, but it's likely you can continue from where you left off as long as too long a period hasn't gone by yet. Consult with a local matrimonial attorney. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer would depend on what happened in your case and whether it remains active or was dismissed.
Answer Applies to: Minnesota
Replied: 5/12/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Most likely you have to start from the beginning unless the last one has not been dismissed. Stay well.
Answer Applies to: Alabama
Replied: 5/12/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Unless the first petition for divorce was dismissed you can just start where you left off.
Answer Applies to: California
Replied: 5/11/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
You may have to re-file if the court has dismissed the case due to lack of prosecution, meaning nothing was happening on the case and so the court dismissed. Call the court in which the case was filed and ask the status. If it is still open and active, you should be fine.
Answer Applies to: Oregon
Replied: 5/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Ask the Superior Court clerk of your county whether the file was closed by the clerk or not. Some counties leave the file open for nearly forever and some administratively dismiss the case after a relatively short period of inactivity.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on which county you filed and how long it has been since the last court activity. County our office and will assist you in your proceedings.
    Answer Applies to: Illinois
    Replied: 5/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That depends on what you mean by "not finalized" and how long it has been since anything happened. If the case was dismissed by the Court, normally you will have to start over. If it has only been a short time since the Court dismissed the case for lack of progress, the Court might grant permission to reopen the case. If the case has not been dismissed, you should be able to start up again and proceed to finish. You will need to check with the Court Clerk to find out the exact status of the case.
    Answer Applies to: Colorado
    Replied: 5/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Depends whether or not it was dismissed or withdrawn. If withdrawn you have to start over. If dismissed you can mover to reopen if it has not been greater than 4 months.
    Answer Applies to: Connecticut
    Replied: 5/11/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    If your Complaint for Divorce was dismissed, then you need to re-file a new case for divorce. If your divorce is pending, then you can proceed where you left off.
    Answer Applies to: Georgia
    Replied: 5/11/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Only if the case has been dismissed by the court or the parties. If the case is still open and pending, than you do not have to start over.
    Answer Applies to: California
    Replied: 5/11/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    I don't have enough information. You may be able to file a motion to reinstate the case and pay a fee or you may have to re-file. Contact a family law attorney to help you and provide you a more detailed answer.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon how long ago it was filed and where the case status is at this time. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/11/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If your divorce lawsuit was dismissed without the Judge entering a judgment granting the divorce, then you need to take action. You might maybe be able to restore the old lawsuit and pursue it, or you might need to file a new lawsuit. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It depends upon whether or not the Court dismissed the case due to lack of prosecution, something that the Court is authorized to do if the case hasn't gone to trial or settled within five years of its filing. Check with the Court. If you case is still viable, you had better move quickly to complete it. If you and your soon-to-be ex spouse file a stipulation to extend the five-year deadline, you can keep it viable. If your spouse asks the Court to dismiss the case, the Court will dismiss the case. If you bring the case to settlement or judgment before the case is dismissed, you can proceed under the existing case. You are not allowed to have two divorce cases pending at the same time.
    Answer Applies to: California
    Replied: 5/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Assuming this is a Washington case, if your case was dismissed, then you would have to either refile or have the dismissal vacated. If it has not been dismissed then you should be able to move forward from where you were.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It's unclear what you mean by "not finalized." Do you mean that your case was dismissed, for instance, because neither party attended the first status conference. or for some other reason? If your case was not dismissed, then no, you do not need to re-file. Call the court clerk to find out if your case is still active. Courts rarely dismiss a case without a valid reason, such as neither party attending the first or multiple status conferences.
    Answer Applies to: California
    Replied: 5/10/2011
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