My divorce was final three and a half years ago... I am remarried! I got this letter today from the courts! I will call the courthouse in the morning but AHHHH! What does this mean? Can they go back and dismiss a final divorce decree??
2006-10-17 11:50:50 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
wait...if there was an divorce order....then NO! was there another motion involved? like a property dispute? custody dispute? because you can still get divorced but have ongoing proceedings as well.
2006-10-17 11:54:48 · answer #1 · answered by Bella 5 · 0⤊ 0⤋
It sounds like a mix up. Usually, just plain old dismissed for lack of jurisdiction means that it was filed in a court that did not have jurisdiction over the matter, and then lack of prosecution means it was filed and no one involved moved on the matter (or the trial or hearing date came and the plaintiff or defendant wasnt' ready to proceed or the plaintiff didn't show, etc). Also, dismissed without prejudice means the matter can be refiled. This probably is both of you filed, but only one needed to, so it proceeded with the filing that got granted and the other was never voluntarily dismissed, or was and the paperwork is WAY LATE. If you have proof that your divorce was granted, look at the papers. Is it by the same court or the same judge? Maybe this filing that was dismissed was an earlier filing that just sat on someone's desk and just now got dismissed because of inactivity, but in the meantime some other case was filed and it was granted. Obviously, if you have proof that it was granted, this is just an error. But call tomorrow and rest easy tonight with your invalid second spouse! Just kidding!
2006-10-17 12:31:51 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
First of all, since you DO have a final judgement of Divorce, then you should be ok -- signed by the judge, processed, served, everything done appropriately. This is to be on file in the County or the Archives of the County Courthouse forever.
This kind of error can happen in a couple of ways -- when the ex enters into a subsequent relationship (and it, too, ends in divorce), the names are similar in spelling (and it is not you), there is an address mistake, whatever else.
I would go to the courthouse on the next day and go to Archives or Records Branch. Ask to have your decree (and bring with you your final decree from 3.5 years ago) pulled, because you need another certified copy of the decree. When they pull the decree (and associated court records), then you can look through the file and verify (through another Certified Copy) that the decree WAS finalized properly.
At that point in time, show the Records Branch a copy of the letter you received -- and ask how a mistake like this can happen. POINT it out to them and be CLEAR that this is NOT you.
2006-10-17 12:06:16 · answer #3 · answered by sglmom 7 · 0⤊ 0⤋
I would bet that you and your ex both filed divorce petitions, and only followed through on one of them, but didn't legally withdraw the other one. Some court clerk was probably clearing out some old open files, found that one, asked around, found out that you finished the other, and prepared that dismissal to finally close the other action.
You can verify if that's correct by comparing the docket number on what you just got to the docket number on your final divorce decree.
If they do not match and you do remember for a fact that you both filed actions, I wouldn't worry about it. Otherwise, call a lawyer, and then don't worry about it.
2006-10-17 12:18:29 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
"Lack of jurisdiction?" Jurisdiction is the court's authority. Such authority is granted by statute. The court only has jurisdiction over types of cases and people that the statutes give them power over. (For example, small claims courts only have jurisdiction over cases involving a set amount of money or less.) "Dismissed without prejudice?" While the case is dismissed, the party that brought the case could refile at a later time.
2016-05-21 21:54:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Did either of you petition the court for an amendment or anything like that?
or maybe one of you appealed a decision in the final decree?
Either of those could result in a letter like that. Or of course the courts might be updating their system or any number of incidental errors like that.
2006-10-17 11:57:23 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i don't know what these 2 things are...[ dismissed for lack of jurisdiction or prosecution w/o prejudice"? ] but isn't when a divorce is final its final?? or was there some criminal element to ur divorce that ur not saying here?
2006-10-17 12:11:40 · answer #7 · answered by jojo 6 · 0⤊ 0⤋
No, probably just an oversight. HOPEFULLY, that final divorce decree was properly served on both sides with a notice of entry. Call your lawyer!!!
2006-10-17 11:52:54 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Any thing goes now a days . That's all new to me.
2006-10-17 12:12:03 · answer #9 · answered by Sugar 7 · 0⤊ 0⤋
Call your attorney, pronto.
2006-10-17 11:54:32 · answer #10 · answered by mickeyg1958 4 · 1⤊ 0⤋