Asked in Family Law and Divorce for Florida

Q: Jurisdiction:- Florida (west palm beach)Family law matterNeed information (as explained below) re dismissal

Brief overview:

* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county

* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.

* She filed a counter petition

* 19 April 2024 I filed a motion to dismiss

* No action on file whatsoever since Jan 2024 when the respondent filed her financial affidavit & info

* also zero movement or filings since 19 April when I filed the motion to dismiss.

* she has not filed any motion to dismiss (her counter petition) nor filed any other motion

* There is NO communication between us whatsoever

* married 10 years

* All assets in the USA

* I now reside in Australia

Q: I want to file a new petition in Australia. (I am a US and Aus citizen) OR move forward with the current FL case

If I file in Australia, it will be greatly beneficial to me (in Au divorce & financial settlement = 2 actions. Can finalize divorce rapidly, and then addr

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally dismiss your petition since you filed it. Regarding the counter petition, you can ask for a dismissal for lack of prosecution, essentially arguing that it has been abandoned. Speak with a local family lawyer for more specific advice.

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