Saturday, May 5, 2012

HOW DO I FILE A DISMISSAL WITH PREJUDICE OF A LEGAL SEPARATION?

QUESTION: I had an attorney, and we filed a dismissal of a legal separation without prejudice. I want to change that to a dismissal with prejudice and I want to do it myself. Can it be done?

MY RESPONSE: You shouldn't (and probably wouldn't be allowed by the Court to) dismiss a Legal Separation action with prejudice. The term "with prejudice" means that you couldn't later seek a Legal Separation. I can’t conceive of any reason why you wouldn’t want that opportunity to be available to you in the future. You should be free at any later time to seek any equitable remedy to end or otherwise deal with a dysfunctional marriage without being barred by a dismissal with prejudice, so it is doubtful that the Court would allow you to dismiss your Legal Separation action with prejudice. Either party can seek a Legal Separation or a Divorce through the Court; the responding party can turn a Legal Separation case into a Divorce case, in which case it will proceed as a Divorce case. If the case has been dismissed without prejudice, it is already dismissed and you can't have your case re-dismissed after its dismissal.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

No comments: