Danville, IL asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois

Q: Can a separation agreement be volunteer dismissed If one spouse disagree? Submitted to attorney/Judge

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they want to volunteer dismiss the separation agreement.

1 Lawyer Answer

A: A separation agreement doesn't get dismissed, since it is not a complaint or petition serving as the basis for the case. It is an agreement intended to move an existing case (which could be dismissed under the right circumstances) toward a conclusion. A separation agreement can be withdrawn if a party no longer agrees with its terms, but this is not the same as a dismissal.

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