Does dismissal with prejudice preclude the plaintiff from commencing another action on the same ground based on new allegations?

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Does dismissal with prejudice preclude the plaintiff from commencing another action on the same ground based on new allegations?

If a divorce is dismissed with prejudice, does that preclude the plaintiff from commencing another divorce action on the same grounds (in my case, abandonment) even if the allegations are different? In my first case the ground of abandonment was supported by allegations of abandonment by lockout; in the second action, the allegations supporting abandonment were refusal to engage in sexual relations (constructive abandonment).

Asked on May 7, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

"With prejudice" means that you can not bring the same matter before the court again.  If the claim is different then you can bring a different claim before the court.  But I would really let someone read the paperwork here before you start another proceeding.  You want to make sure that it will fly or the court will start to get annoyed with you.  Good luck.


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