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Can I refile my divorce case after it was dismissed with prejudice?

Can I refile my divorce case after it was dismissed with prejudice?

Q: Is dismissed with prejudice still on record?

Yes, a dismissal with prejudice remains on the court record. It indicates that the case was closed permanently and cannot be brought back to court based on the same claims. Future cases will need to be based on different facts or legal grounds.

Q: Is dismissal the same as settlement?

No, dismissal and settlement are not the same. A dismissal, especially with prejudice, means the case is closed and cannot be refiled. A settlement, on the other hand, is an agreement between parties to resolve the case without going to trial, which may or may not involve dismissing the case.

Q: Does dismissed with prejudice mean case was settled?

Not necessarily. A dismissal with prejudice means the case is permanently closed, but it does not imply that the parties reached a settlement. It may have been dismissed for other reasons, such as a lack of evidence or a decision not to pursue the case further.

Q: Does dismissal with prejudice mean there was a settlement?

No, dismissal with prejudice does not mean there was a settlement. It indicates that the court has closed the case permanently, often due to a decision made by the plaintiff or the court. A settlement typically involves an agreement between the parties to resolve the dispute.

Full question:

My lawyer dismissed my divorce case b/c I thought we were going to reconcile. He dismissed with prejudice. Does this mean i cannot ever refile?

Category: Divorce
Date: 04/07/2025
State: New Jersey

Answer:

"Dismissed with prejudice" means your case is permanently closed and cannot be refiled based on the same facts. However, if new facts arise, you may be able to file a different divorce case. For example, if your original case was based on adultery and was dismissed with prejudice, you could later file for divorce on different grounds, such as drug addiction.

In New Jersey, you can seek a no-fault divorce if you and your spouse have lived apart for at least eighteen months or if irreconcilable differences have caused the marriage to break down for six months with no reasonable prospect of reconciliation. Other grounds for divorce in New Jersey include:

Adultery
Willful and continued desertion for one year
Extreme cruelty
Drug or alcohol addiction
Institutionalization for mental illness for two or more years
Imprisonment for eighteen months or more
Deviant sexual behavior

(N.J.S.A. 2A:34-2)

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can dismissal with prejudice be reversed?

Generally, a dismissal with prejudice is final and cannot be reversed. This means the case is permanently closed, and you cannot refile it based on the same facts. However, if there are new facts or circumstances, you may be able to initiate a new case on different grounds.