Voluntary dismissal with prejudice

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Voluntary dismissal with prejudice

Postby javaking66 » Wed Oct 05, 2005 1:23 pm

My ex-wife had filed for alimony in May. Yesterday I got a letter from her attorney stating that she had filed for "Voluntary dismissal with prejudice".

What does that mean? Does it mean that she is withdrawing the alimony case. If yes, can she come back let's say 2 months in future and file it back again. We are already divorced.

Would highly appreciate if you can let me know at your earliest.

Thanks
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Postby nwkltl » Wed Oct 05, 2005 1:31 pm

My husband's ex did the same thing, after she signed the paper in front of the judge she could no longer ask for alimony.
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Postby John 3 16 » Wed Oct 05, 2005 11:38 pm

I think that means she is voluntarily dismissing alimony payments and the with prejudice part means that she can not come back again and request it.
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Postby JanetFritts » Sun Oct 30, 2005 10:57 am

Dear javaking66:

Greetings and CONGRATULATIONS! Yes, she has dismissed her claim for alimony and cannot raise it again if she filed the dismissal with "prejudice." One word of caution...make sure that you get a copy of the actual dismissal with prejudice from the court house. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
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Postby nwkltl » Sun Oct 30, 2005 11:51 am

What does it mean if she dismisses without prejudice?
nwkltl
 
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Postby JanetFritts » Mon Nov 28, 2005 1:37 pm

Dear nwkltl:

Greetings. If someone dismisses a claim without prejudice, then they can bring the claim to the court again in the future. It is basically gone for the moment but can come back again. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
JanetFritts
 
Posts: 3730
Joined: Thu Mar 06, 2003 7:50 am


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