Legal Question in Family Law in South Carolina

divorce motion to dismiss

Husband want to dismiss her filing for

divorce, is this possible?


Asked on 12/12/08, 10:12 am

3 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: divorce motion to dismiss

In SC, there are ways to dismiss the other party's request for a divorce, but it is not easy to do so. If this case is in IL, you should consult with an attorney there.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/12/08, 12:20 pm
Motty Stone Law Offices of Motty Stone

Re: divorce motion to dismiss

Which state is the divorce being filed?

If you are in Illinois, the husband may have some grounds to dismiss, but it will not do him much good in the long run. The bigger issue would be if the husband is fighting paying child support or refusing to divide up marital property. In that case, he could be filing a motion to dismiss for lack of jurisdiction which can be problematic.

In any case, if this is an Illinois case, feel free to give us a call.

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Answered on 12/12/08, 1:24 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: divorce motion to dismiss

If Husband is trying to dismiss the spouse's Divorce, it is possible, but unless the reason for dismissal is to change venue, it is pretty pointless. if someone is determined to be divorced, they will get their divorce.

If he is trying to dismiss a divorce that he filed, then it would be relatively easy to accomplish.

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Answered on 12/12/08, 6:49 pm


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