If the 2 parties are still living together, can the respondant ask for the divorce to be dismissed even if the petitioner wants the divorce?

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If the 2 parties are still living together, can the respondant ask for the divorce to be dismissed even if the petitioner wants the divorce?

They are continuing sexual relations.

Asked on March 27, 2012 under Family Law, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

The petitioner is the party who has to file the request for dismissal because the petitioner is the one who filed the original case with the court.  The respondent cannot file a dismissal.  Both the petitioner and the respondent sign the dismissal.

There are two types of dismissals which are as follows:  A dismissal without prejudice means the case  could be reinstated in the future.  A dismissal with prejudice means the case cannot be reinstated.


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