QUESTION
Can I re-file that same case, since we filed without prejudice, or is there a time limit for that?
Asked on Feb 06th, 2014 on Divorce - Texas
More details to this question:
My wife and I reconciled our marriage in 2009. We filed an order for dismissal WITHOUT PREJUDICE. Now, almost 5 years later, it's looking like we may be heading down that road again.
12 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Without prejudice only means that you are not barred from re-filing a new case at some point in the future, unlike some matters that once they are dismissed they cannot be rebrought.
Answered on Feb 12th, 2014 at 2:51 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Once dismissed the case is closed, you need to refile and pay a new filing fee.
Answered on Feb 12th, 2014 at 2:50 AM
You have to start all over again.
Answered on Feb 12th, 2014 at 2:49 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No you must file a new case, with a new filing fee..
Answered on Feb 12th, 2014 at 2:44 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes, you can refile.
Answered on Feb 12th, 2014 at 2:42 AM
Without prejudice means that you can file again. If it had been "with prejudice" you can't file again. But, no one can really enforce "with prejudice" in divorce cases because the US Constitution provides that we all have freedom of association rights. To answer your question: You can file again but you cannot use the case number from the prior case. It will be a new case number. Good luck.
Answered on Feb 11th, 2014 at 4:13 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Since the first divorce action was dismissed, you would file a new action. An experienced family law attorney can advise you.
Answered on Feb 11th, 2014 at 4:13 PM
You need to file a new case.
Answered on Feb 11th, 2014 at 4:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it will be a different case.
Answered on Feb 11th, 2014 at 4:11 PM
I think you would be better off filing a new case than trying to re-activate the old one. You might want to check with the Court Clerk for more input on this, before proceeding.
Answered on Feb 11th, 2014 at 4:10 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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No, you would need to file a new Petition for Divorce with a new suit number, since you reconciled.
Answered on Feb 11th, 2014 at 4:10 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Yes you may initiate a new case.
Answered on Feb 11th, 2014 at 4:10 PM