It may mean a number of things. Basically it means your partner wants the divorce proceeding to stop or to never start. The most common situation is when the person paying child support, usually the father, is trying to get out of their financial obligation or is trying to have the payments reduced. It is possible for the judge to grant the motion but in most cases it will not help the appellant in the long run.
In short, if a partner has applied for divorce and done so in the right jurisdiction (we'll talk about states a little later) and used the correct forms, it is usually only a matter of time before the divorce application will be heard.
This may sound silly but sometimes a judge will grant a motion to dismiss because the partner who applied for the divorce changes his or her mind and no longer wants to go through with the action. In such a case a judge will almost certainly grant the motion to dismiss. After all, people do change their mind and some decide to give their marriage another go. In such a case the judge will agree to the motion.
The jurisdiction or place where the divorce is to be heard is important. Each state has the power to be independent and legislate to produce their divorce rules and laws. How a judge deals with a motion to dismiss may vary from state to state. Consult the online legislation of the relevant state or even contact your local courthouse.
In many cases a partner who applies for a divorce is not living in the same state as their partner. The partner may then file a motion to dismiss on the grounds that he or she wants the divorce heard in a court in a state in which he or she lives. There would need to be good grounds for the judge to grant the motion to dismiss but it has been known to occur. To get a better understanding of where you might stand, consult a lawyer who deals specifically with divorce and your type of situation.
As already mentioned, divorce law varies from state to state. But here is an example of how a motion to dismiss can be effective.
Once you file for divorce, the court will do nothing for say the first thirty days. In that time you or your partner can file a motion to dismiss. That is you can try to put a stop to your divorce proceeding.
Once the 'cooling-off' period expires, if you have an uncontested divorce, the judge will sign the divorce papers fairly soon after the initial wait. But then it may be that there is another waiting-period before the divorce is enacted. This means you have a second chance to file a motion to dismiss.
Maybe you and your spouse decided to give your marriage another go. You can if you file within the prescribed period.
It may sound a little strange but in this instance the court is flexible. So know your state law and what it required to make a divorce absolute. It may just be possible for you to successfully file a motion to dismiss.
Here are additional resources you might be interested in:
Before you get a divorce attorney, there's an excellent ebook about deciding whether to
Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.
More information on Divorce Advice and Information
click here.
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