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I filed for divorce. My soon to be ex husband has now filed a 'motion to dismiss'. What happens now? There is no way I am staying in this marriage. He is a very abusive man and I will not be going back with him. Do i have cause to think this divorce won't go through because he filed a Motion to Dismiss?
Optional Information: State/Country relating to question: Missouri
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
What is his legal basis for the motion to dismiss? Is he represented by an attorney?
I don't know what he is doing. He has an attorney that filed the Motion to Dismiss. I haven't received the paperwork yet to find out why. All I know is that he does not want to end the marriage and I do.
I certainly understand. He can not force you to stay married to him. A motion to dismiss attacks the legal sufficiency of the complaint. There could be an error with it, which the attorney is using to get it dismissed. However, this does not mean that you are unable to file for divorce. If the motion to dismiss is granted by the Judge, you should be given time by the Judge to amend the complaint/divorce and refile it, so it can proceed. You do need to see and read the motion, to see if there is any basis for it. The Judge may find that there is not and allow the matter to proceed. If you are unsure about it, you will want to retain an attorney to represent you, since he has counsel that this time. You want to make sure your best interest is represented as well.
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