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Can I Ever File for Divorce Again if My Divorce Was Dismissed With Prejudice?

Can I Ever File for Divorce Again if My Divorce 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 that issue/case is over forever and can never be refiled under the same set of facts. However, it is possible that the case could be refiled if a different set of facts are the basis for the divorce. For example, a divorce on the grounds of adultery that was dismissed with prejudice won't bar a later petition for a divorce based on drug addiction.

New Jersey law allows for no fault divorces based upon the parties having lived separate and apart without cohabitation for an uninterrupted period of eighteen (18) months or irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation. The general grounds upon which a divorce may be obtained are:
1. Adultery
2. Willful and continued desertion for one year
3. Extreme cruelty
4. Drug/alcohol addiction
5. Institutionalization for mental illness for 2 or more years
6. Imprisonment for 18 months or more
7. Deviant sexual behavior NJSA 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.