Can I file for a dismissal of a divorce case without an attorney?

My husband and I were living apart due to a training program. I have not lived in IN in over 6 months. My husband filed for divorce in IN last week and then moved to TX (the same week). Neither of us live in the state or own property there. I heard that IN is not friendly towards women. My husband also cheated on me, so I would like to have the case dismissed in IN on the grounds that neither party is a resident there. i would then like to refile in my current state. Is there a way that I can do this without an attorney since I will be paying a separate attorney in my current state that is more woman-friendly?

Asked on December 31, 2010 under Family Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your husband filed the petition for divorce, he would have to file a Request for Dismissal (court form) which both you and he would sign.  On the Request for Dismissal, it should indicate dismissal of entire action WITHOUT PREJUDICE.  It is very important that without prejudice is checked and NOT with prejudice.  Without prejudice means the case can be reinstated.  With prejudice means the case cannot be reinstated.


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