I wanna know asked:


If a person files a Petition for Dissolution of Marriage and the end result from the court is Dismissed without prejudice for lack of prosecution… what does that mean? Is the person divorced? The case was on the court’s Inactive Calendar for over 60 days. If it does not mean the divorce was final, will the person have to file a new petition for Dissolution of Marriage?

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3 Responses to “What does this law term mean in a Divorce case? Dismissal without prejudice for lack of prosecution”

1. my avatar is hot but I'm not on January 13th, 2010 10:27 pm

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   It means the court dropped the case because it wasn’t pursued by the plaintiff, so no divorce.

   Without prejudice means it can be re-filed, and that’s what you’ll have to do.

2. Lisa Z on January 15th, 2010 4:34 pm

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   No there is no divorce. Dismissal without prejudice means the court is dismissing the case but you can still refile it, its not permanently dismissed. With prejudice is done forever. Lack of prosecution means whoever filed for the divorce failed to properly act on the divorce, meaning they did not file the proper documents, etc and proceed with the divorce. You are still married. If you want to get divorced you need to refile the petition all over again, same thing.

3. Gyrojuz4u on January 17th, 2010 9:18 am

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   When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied without prejudice.

   The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions.

   The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of res judicata in any later action by the same plaintiff on the subject matter. The doctrine of res judicata (from the Latin, a thing decided) is based on the importance of finality in the law. If a court decides a case, the subject of that case is firmly and finally decided between the persons involved in the suit, so no new lawsuit on the same subject may be brought by the persons involved. Therefore, the words without prejudice protect the plaintiff from a defendant’s res judicata defense.