Much to your surprise, you discover that there is a future for your marriage after all. After some amount of mediation and introspection, you and your spouse have reconciled. But you have already begun the divorce process. You retained a Family Law attorney who specializes in divorces. What can you do? Is it possible to have the case dismissed?
Actually, it is possible.
If you want to put an end to the divorce process, you can do so by submitting a Motion to Dismiss or Consent Order of Dismissal to the Family Court. Before the Court grants your divorce, you can file these at any moment. To ask the Court to dismiss the previously filed divorce case, a skilled South Carolina family law attorney can create the Motion or Consent Order to Dismiss. If both parties are in agreement, the Court will typically approve dismissals swiftly and without a hearing if the paperwork explains why the matter should be dismissed.
You must re-file for divorce if you cancel your South Carolina divorce case and then decide that you do wish to divorce your spouse. A new action will need to be brought, together with a new filing fee and a new valuation date for your marital assets and liabilities. You will effectively have to start over from scratch if you dismiss your lawsuit and later regret it.
Under the South Carolina Rules of Civil Procedure, there are eight different grounds to support a Motion to Dismiss:
A case may be dismissed without prejudice after 365 days. Before the 365th day, the last hearing must be requested. If not, you must apply for an extension because otherwise, your claim would be dismissed. You have two options: either resubmit the action or request that it be put back on the docket. It is not merely a formality to ask to have a case returned to the docket.
We assure you that we do not have matters sitting dormant for this span of time. We take pride in being competent and attentive. We provide a variety of other resources. Some of them are as follows:
Let us guide you through this process. Let Greg Steele Law assist you in this process. Book a consultation with us today! Don’t make the mistake of thinking you can do this all on your own.