If dissolution of marriage has been dismissed without prejudice. How do i reopen pro se?
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If dissolution of marriage has been dismissed without prejudice. How do i reopen pro se?
IA dissolution of marriage has been dismissed without
prejudice. The respondent was incarcerated at the time but
is now released and able to be present in court. As the
petitioner filing pro se will i have to start all over
again? Can I file a motion requesting new trial date? I’m
uncertain of my next action to proceed with dissolution
now that the respondent is able to be present. No
children, no assets, no debts, and respondent is not
contesting anything. Both parties are in agreement.
Asked on August 13, 2017 under Family Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Dismissal without prejudice means that you have the right to re-file the matter. Almost always the fast, easiest, procedurally simplest, etc. way to revive the action is therefore simply refile. (When it's WITH prejudice, you cannot simply refile, but would have to make a motion to vacate the dismissal and/or appeal; those are both procedurally more complex, less certain, and often more expensive than simply refiling.)
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