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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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My wife filed for divorce in May 2012. The divorce is supposed to be final in Nov 2012. Sh

Customer Question

My wife filed for divorce in May 2012. The divorce is supposed to be final in Nov 2012. She called and had the divorce cancelled because she now wants to be married to me again.

However, i no longer want to be married to her and want to reinstate the divorce. When she filed we both agreed to everything and i did not contest any of it. Can i call and have it reinstated? My ex wife tells me no, i now need to file on my own.
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today?

Customer:

im fine

Customer:

how are you

meigs004 :

Doing well, so the case was actually dismissed?

Customer:

when i looked at the court website it showed that the case was stopped, and unfortuenalty i dont have the website address any longer to go back and check the status, i dont recall seeing the words dismissed, it was some oher term

meigs004 :

Alright, well considering she was the filing party, and you did not object to her dismissing it, if in fact it has been dismissed or "disposed", then you will have to refile for divorce, and you will have pay the associated filing fees to re institute the case. She can not just call and have it dismissed, but she probably filed a motion to voluntarily dismiss which you could have objected to. Therefore, the answer to your question in short, is that you will have to refile the case and pay the filing fee again. You will have to draft complaint/petition for divorce and file it in the county in which you live. You can seek to do it uncontested again, if she is in agreement, otherwise you can proceed as a contested divorce.

meigs004 :

Does this answer your question?

meigs004 :

However, you could call the clerk's office, talk to the clerk, and check to see if it was dismissed before you do the above.

Customer:

she went through a free paralegal service or thorugh the court where she did not have to pay for the divorce and she said they filed to dimiss it on her behalf, but i never received a notice from the court about this. are you saying im not entitled to receive this notice and i will have to file on my own? are you saying that i do not need to be notifed of this? i never agreed to her cancelling it, she did it without my knowledge

meigs004 :

I am representing to you that you in fact were to be mailed that motion, that you have the opportunity to respond to that motion.

meigs004 :

But if the case has been dismissed, you will have to file it on your own.

meigs004 :

But as I stated, I would first check with the clerk's office to see if it has been disposed before doing so.

Customer:

oh i see, so i should be receiving the motion for this and i have opportunity to contest it. thanks i will call the county clerk and see what the status is. you have answered my question.

meigs004 :

Great, please provide a positive rating.

meigs004 :

Good luck!

meigs004 :

You can provide a positive rating by clicking the smiley face and submitting

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 4 other Family Law Specialists are ready to help you

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