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Divorce "Dismiss with prejudice"

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srwalterr

Junior Member
What is the name of your state (only U.S. law)? California/Missouri
I have a divorce action in two states, California and Missouri. So I cut a deal with the ex in Missouri (she lives in Calif) and part of that deal was that once I paid her off, she was responsible to have the case in California "Dismissed with prejudice". I have now paid her off and have been informed that the California case cannot be dismissed with prejudice. I have been further informed that it never could be. My agreement to the buy out was soly based on my desire to get the action in California over with. I would have never agreed if I had known this. My question: Is this true, and what are my options?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California/Missouri
I have a divorce action in two states, California and Missouri. So I cut a deal with the ex in Missouri (she lives in Calif) and part of that deal was that once I paid her off, she was responsible to have the case in California "Dismissed with prejudice". I have now paid her off and have been informed that the California case cannot be dismissed with prejudice. I have been further informed that it never could be. My agreement to the buy out was soly based on my desire to get the action in California over with. I would have never agreed if I had known this. My question: Is this true, and what are my options?What is the name of your state (only U.S. law)?
Why do you need the CA case dismissed?
 

SIN EATER

Member
You should have had her sign an agreement to Missouri jurisdiction and law.

The court can't dismiss a divorce action with prejudice, as she has the right to file and refile, for divorce in her jurisdiction as long as she meets the personal and subject matter jurisdictional requirements (she couldn't contract to give up that right to access the court).

She can, however, submit herself to Missouri jurisdiction and allow that divorce to proceed (as long as you have righteous jurisdiction in Mi).

The Missouri Judge can refuse jurisdiction in various circs, such as: if s/he determines there is an earlier court of continuing exclusive jurisdiction, if there are children/witnesses in another state involved, property in another state involved, or if another court has already stated they want jurisdiction (Judge will speak to Judge in some circumstances and decide which one will take the case).
 

srwalterr

Junior Member
Missouri case

The Missouri case was an agreement signed by all parties. Including agreement to jurisdiction in Missouri. However, I have learned through hard experiance that California seems to believe it is not part of the United States and has laws unto itself.

In the beginning of this I had lived in Missouri for 4 years separated from my wife. I filed first, I served first. I owned no property in California, and my children came to live with me in Missouri as I found they were being abused by my ex. In spite of this, the California court took jurisdiction based largely on a life insurance policy issued in California company on me. That I had not made a payment on it in four years, and my ex had forged my name on a withdrawl slip and removed all the $20K value from it was not considered.

I may not ever go back to California, but I want this thing done with and over - for good! I am now looking at domesticating the Missouri agreement in California as a possibility. Can you tell me how permenent that would be? Her lawyer - as indicated by his agreement to the words in the original Missouri agreement - to "Dismiss the case with predjudice" when he very well know this could not be done are a good indicator of his approach to law. As long as the client keeps paying - he will keep lying to keep her in court.
 

LdiJ

Senior Member
Just as a point of fact...While the CA case cannot be dismissed with prejudice it can still be dismissed and the Missouri case finalized. The MO judge does not have to cede jurisdiction to CA.
 

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