Q: Can a voluntary dismissal of a divorce petition be granted if my spouse filed an answer with the court?
He did not file a counter claim only an answer to my petition & limited representation with his attorney. I dismissed it a week ago and the case is still showing as open, is an answer to my petition the same as a counter claim?
A: Assuming that your filing is in Florida, the Petitioner controls the case if the Respondent did not file a Counter Petition. Therefore, if you dismiss the Petition then the case is closed and Respondent would have to file to continue case. The court may give Respondent more latitude to refile if children are involved.
A: A dismissal is not granted or denied. You just file a Notice of Voluntary Dismissal and the case will close so long as a counterpetition was not filed. If a counterpetition was filed, that should be dismissed in the same way. I hope this helps. Good luck.
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