The present world we are living in is full of surprises, you better be prepared. Anything is possible, it won’t be a wonder if a couple files a divorce case and the next minute they want it to be dismissed. In this article, we are going to dig deep on how it can be dismissed and for what reasons.
This is because breaking love especially between two people who really meant it from the first time is very hard. Today they may not want to see each other, tomorrow they are together as one. No wonder love is one of the Biblical King Solomon’s paradox.
Types Of Divorce Cases
The most common divorce type is known as the contested divorce. This is because it has a lot of drama and serious matters like children’s custody, high emotions running between the couple in question and property division.
Before taking a divorce case to court and choosing the type of divorce they want to take, a couple should be able to answer the following questions:
● How willing are they going to work together to come to a solid agreement on issues that pertains to that type of divorce?
● Do they have valuable assets to divide and are their children involved?
● Did they give the decision a serious thought as to why their marriage is coming to an end in the first place?
However, research has discovered other types of divorce so let’s dive in to look at them:
The fault and no-fault divorce
The major difference between the fault and no-fault divorce comes down to your locality, as each state has its own specific regulations regarding the two.
The no-fault divorce is described as one where the petitioner filing for the divorce is not obligated to shed light on their partner’s faults which caused them to file for a divorce. As such, the petitioner cannot obstruct the other spouse’s position by seeking a petition of no-fault divorce as an objection.
In many cases, this divorce applies to conflicting disagreements and incorrigible marriage breakdown. In some countries, this is applicable only after a couple have been away from each other for five years due to the lack of fault for filing for divorce.
The fault divorce entails a petitioner who seeks to file another petition as an objection to the first one. This is eligible in cases like; adultery, abandonment for a certain length of time, denial of conjugal rights, prison sentence or assault. Another aspect of fault divorce is that the spouses can still be together in the midst of the process.
This type of divorce basically means both spouses have agreed on all of their divorce terms. With an uncontested divorce, all specific legal requirement must be met before a divorcing the couple in question.
The best thing with this type of divorce is it’s easier to go by because spouses can end their marriage without consultation or negotiations, court hearings and legal posturing. It’s less cumbersome than other types.
However, divorcing spouses must be genial and able to work together toward mutually harmonious resolutions. Although working with your ex-spouse to settle important financial and child-related issues may seem difficult, it’s one way to end your marriage without full-blown court conflicts.
This is applicable when the couple in question have reached a predicament in their divorce negotiation and wishes to resolve the issues without going to court. This means that the couple will not go to a courtroom and instead will have their case solved or heard in a private setting before an arbitrator.
In Arbitration, divorcing couples may also define what procedure will be followed and how long the Referee will have to execute a decision. After a hearing, the Arbitrator administers a decision, called an award, on the specific disputed issues. Unlike a court trial, the Arbitrator’s Honor in most cases cannot be contested. Divorce Arbitration can be used in connection with the Adversarial process.there are so many merits for this type of divorce:
● The divorcing couple has a chance of choosing who will be an arbitrator to their case.
● They have an option to select an arbitrator who has specific experience in a certain area of interest for instance taxes, real-estate value or management among other areas of study.
● Divorcing couples enjoy solitude, confidentiality, and a less formal setting in Arbitration while avoiding the time, expense, and impassioned distress associated with a trial in court.
● The couple in question also has a privilege to choose the time, location and day of their case hearing. This helps them to purpose to be there since they will have to look at all the hindrances and so make a well-thought decision.
This is another type of divorce where the court is not in the picture. The divorcing couple chooses to resolve their problems outside the courtroom. What happens in this type of divorce is that both spouses retain their legal counsel, who is well versed with collaborative law. In this case, both parties will reveal all information to ensure that negotiations are fair.
Again, both parties must also be willing to meet with each other along with their lawyers to discuss a settlement. If the two of you are unable to come to reimbursement, you both agree to suppress your attorneys and hire new attorneys who will take your divorce case to trial.
This agreement is used to determine how to divide properties, your accounts, children’s custody and any other debts the two of you could be owing.
This is often the most frustrating of all divorces. Couples who fail to come to agree on asset division or custodial rights may bring the issue to a judge execute judgment. Such couples are summoned to court hearings in the presence of a judge to try and resolve their issues.
If both spouses fail to agree, then a court trial will be necessary. This is because of the complexity of a contested divorce and the legal proceedings it necessitates. The presiding judge has the final say on property division, custodial rights and other contested issues.The couple will have to accept the final decision.
It can be referred to as a straightforward divorce. It is suitable for couples who can reasonably come into a settlement. A majority of couple who are granted this type of divorce share little or no property, have no dependants and lack any significant joint liabilities. It is also applicable to couples whose marriage is below five years.
The couple should sign a joint petition for the dissolution of their marriage. An agreement on property division is also required. This is done by signing a suitable form for property division.
This type does not involve any major paperwork as well as an attorney’s help. Essentially, the necessary documents can be obtained from any family court within your vicinity. As long as the two of you have agreed on the divorce, the process becomes seamless.
Mediation type of divorce is a customary choice for couples who disagree on the granular points of their divorce but wants to stay out of the courtroom. It is similar to arbitration in that it constitutes a neutral third party who hearkens to both spouses’ sides of the story.
Nevertheless, unlike in arbitration, the mediator is not to make any decisions for the couple but simply expedites communication between them instead so that they can arrive at an approval.
Major reasons for a divorce case to be canceled
A couple may decide to divorce after agreeing to resolve their relationship legally. But remember filing a divorce in court is a long, tiring and stressful process so couples may reach a place where they want to drop the case from court. The following are some of the major reasons:
● If a petitioner withdraws from the case
In this case, a divorce case may be dismissed if the person who filed for divorce withdraws the case. It can be done if the respondent did not answer the divorce petition. If the other party in the divorce filed an answer to the original divorce petition, both parties must sign the withdrawal request at the courtroom. A willful dismissal can only be obtained if a judgment has not been entered in the case.
● If no activity has been made in a certain period of time
Inactivity would make a divorce case to be dismissed. This is because the parties involved in a divorce must make a sincere effort to keep the case moving toward resolution. If this is not done, the court can terminate the case. Before deposition, the court must notify the parties involved in it.
● Improper Filing Procedures of the divorce case
This means that a couple who want to divorce must file the petition for divorce in the proper county where they reside. However, the court system places certain stipulations when it comes to jurisdiction.
If the couple filing for divorce has moved from state-to-state or has lived in diverse counties in one state, they may inadvertently file the petition in the wrong county. A divorce petition may also be excluded if the couple has filed for divorce in another county or state.
In this case, if a couple is discovered during the court proceeding that they never had married, the can may be done away with. If a couple was never legally married, they have no marriage to dissolve and they have no right to claim for a divorce.
If the judge determines that one of the spouses was already married at the time of the marriage, one spouse was under age or the marriage falls into another category that could nullify the marriage, the judge will dismiss the case so it can be filed as dissolution and not a divorce proceeding.
● If the petitioner dies before the judgment is executed
This is a leading reason for a divorce case dismissed. If a petitioner dies definitely there is no case and the accused is free to gon on with his or her life.
● If the petitioner Voluntarily Dismisses the case
Sometimes the spouse who filed for divorce will decide to end conflict they had with the spouse and so it would call for the drop of the case from the court the case. The couple may choose to reconcile and solve their dispute among themselves.
It also can happen if the filing spouse reconsiders the timing of the case and decides to dismiss it now and refile it later. This applies in cases where a spouse chooses to refile the case when children reach a certain age, when his or her spouse finishes up with something like education or when they want to do it very sober and when there is need to consult further.
● If the Divorce case had been filed earlier by your spouse
In this case, the first case to be filed in a court of law is the one that is acceptable and followed If you file for divorce. This means that if your spouse filed the case earlier, your petition will likely be rejected and the case will proceed under the earlier filed petition. The cases can become even more difficult if the divorce was filed in two distinct states.
● If the court lacks jurisdiction.
This mean that due to some reasons the court is powerless to render judgement. This reasons could be, the couple did not consent for marriage either because they were too young or suffered mental deficiency. If neither of the spouses has met the residency requirement or if the case is filed in the wrong county.
● If there is a problem with the petition
If the petition does not have all of the legal requirements,an it is written poorly in that it is not possible for the other spouse to respond, then the court can do away with the case.If a petition is not properly served on the other spouse within a reasonable amount of time, then the court can dismiss the petition for failure to prosecute.
Divorce Attorney Free Consultation
When you need legal help with divorce in Utah please call Ascent Law LLC (801) 676-5506. We can help you with divorce. Child Custody. Alimony. Child Support. Prenuptial Agreements. Post Nuptial Agreements. Modifications. And Much More. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506