Can I Ever File for Divorce Again if My Divorce Was Dismissed With Prejudice?
Full Question:
Answer:
"Dismissed with Prejudice" means that issue/case is over forever and can never be refiled under the same set of facts. However, it is possible that the case could be refiled if a different set of facts are the basis for the divorce. For example, a divorce on the grounds of adultery that was dismissed with prejudice won't bar a later petition for a divorce based on drug addiction.
New Jersey law allows for no fault divorces based upon the parties having lived separate and apart without cohabitation for an uninterrupted period of eighteen (18) months or irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation. The general grounds upon which a divorce may be obtained are:
1. Adultery
2. Willful and continued desertion for one year
3. Extreme cruelty
4. Drug/alcohol addiction
5. Institutionalization for mental illness for 2 or more years
6. Imprisonment for 18 months or more
7. Deviant sexual behavior NJSA 2A:34.2