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  1. #1
    Join Date
    Jun 2013
    Posts
    13

    Default What is a Voluntary Dismissal of a Divorce

    My question involves a marriage in the state of: GA

    I have been trying to get a divorce for the past two years. After my husband was arrested for violating a protection order that I had against him, he filed for divorce. My attorney answered it and counter filed. The case has drug on over two years because my husband has filed motion after motion. All the pending motions have been answered and I was just waiting for a date for the final divorce hearing.

    My attorney received a Notice of Voluntary Dismissal over the weekend from my husband. Even my attorney was confused by this and didn't understand why he was doing this.

    From everything I have read he cannot file for this because I counter filed for divorce right after he first filed. I assume there is some benefit to him doing this for him, maybe to drag it out even more. I was hoping someone here would know what would the purpose of this is? And does this make me the Plaintiff now in the divorce?

    Thanks for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is a Voluntary Dismissal of a Divorce

    A voluntary dismissal is a request by a litigant for the court to dismiss a case that they have filed. If your lawyer filed a counter-complaint, the plaintiff's voluntary dismissal would not make the counter-complaint go away. If you want to know what your husband may be thinking, I suggest discussing possibilities with your lawyer - he has a factual framework whereas we would be making wild guesses.

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