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

UPDATED: Dec 31, 2010

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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