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

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.