What Do I File if I Changed My Mind About Divorce and Reconciled With My Spouse?
Full Question:
Answer:
If trial hasn't been scheduled for the next ten days, you may file a stipulation for a voluntary dismissal. Typically, if a case is dismissed without prejudice and the other party has not yet answered, it may be refilled within the applicable statute of limitations period. If the other party filed an answer, you may need the court’s permission to refile.
The phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. This means that the dismissal is no bar to bringing a new case.
If the dismissal was stated to be with prejudice, that means it the same claim cannot be refiled later. That dismissal is a judgment against the party "on the merits" of the case, and extinguishes the claim that was being sued over.
We can assist you with searching to locate forms or we can draft or add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the link below to see if the forms meet your needs. You may order the form online or by phone by calling Toll Free: 1-(877) 389-0141 between 8:30am and 5:00pm Central Time Zone Monday – Friday.
Please see the following Iowa court rule:
Rule 1.943 Voluntary dismissal.
A party may, without order of court, dismiss that party's own petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten days before the trial is scheduled to begin. Thereafter a party may dismiss an action or that party's claim therein only by consent of the court which may impose such terms or conditions as it deems proper; and it shall require the consent of any other party asserting a counterclaim against the movant, unless that will still remain for an independent adjudication. A dismissal under this rule shall be without prejudice, unless otherwise stated; but if made by any party who has previously dismissed an action against the same defendant, in any court of any state or of the United States, including or based on the same cause, such dismissal shall operate as an adjudication against that party on the merits, unless otherwise ordered by the court, in the interests of justice
