Want this question answered?
This just means that the petitioner, I am assuming is the Plaintiff, she has asked to dismiss the divorce case. Your attorney would be able to explain to you whether she wants to dismiss the entire case and try to make the marriage work, or she just wants to dismiss one of her terms. Consult with an attorney.
If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Nonsuit means to dismiss a lawsuit, of which a divorce is.
So long as a court has not ruled on a pending Motion to Dismiss, you may amend your complaint.
"Moved to dismiss" refers to a legal motion made by one party in a court case requesting that the case be dismissed. This can happen for various reasons, such as lack of evidence, legal defects, or procedural errors. If the motion is granted, the case will be dismissed and will not proceed to trial.
Yes, you can submit as many motions as you wish.
Have your husband file a motion to dismiss. If he doesn't want to go forward with the action, the court isn't going to argue. Less work for them.
Motion to dismiss
Dismissal.
A lawyer can use a motion to dismiss during a hearing if they believe that the case lacks legal merit, there are procedural defects, or there is insufficient evidence to support the claims being made. This motion asks the judge to dismiss some or all of the charges against the defendant.
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.