Can the same motion be filed again after it was dismissed?

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Can the same motion be filed again after it was dismissed?

My husband’s motion for right to exclusive use of home was dismissed. Can his attorney file that motion again?

Asked on May 23, 2011 under Family Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One would need to read the order but generally speaking, if the ccircumstances changed in some way he could make the motion again based upon the change of circumstances.  a court evaluates the motion and argument of the party making the motion and the party opposing the  motion and applies the law.  If his motion was denied at this point in time it may be because his circumstances do not warrant it under the law.  If the circumstances change then he has the right to bring the motion again unless the order says "with prejudice" which I doubt that it does. It is best, as I am sure that you know, to come to agreements rather than have a court decide matters regarding your marriage. Good luck.  


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