Divorce Dismissal Question

[kaufmanrs]

What is the name of your state (only U.S. law)? FL. I filed for divorce against my husband and since we have reconciled. I called my attorney and asked his to file a motion for divorce. He said that it would take 90 days. However, when my husband recieved a copy of the motion, it was not a motion for dismissmal, rather a motion for abatement of proceedings. My question is this: Is this what I asked for and does it take 90 days?

 

[LdiJ]

What is the name of your state (only U.S. law)? FL. I filed for divorce against my husband and since we have reconciled. I called my attorney and asked his to file a motion for divorce. He said that it would take 90 days. However, when my husband recieved a copy of the motion, it was not a motion for dismissmal, rather a motion for abatement of proceedings. My question is this: Is this what I asked for and does it take 90 days?

An abatement of proceedings is different than a dismissal. A dismissal cancels the divorce action entirely. An abatement puts it on hold.

 

[kaufmanrs]

Abatement Period Length

How long does an abatement last? Is there a given time frame?

 

[LdiJ]

How long does an abatement last? Is there a given time frame?

It basically lasts until someone brings the case back forward, or until the court administratively dismisses the case under the particular court's rules for inactive cases.

It doesn't surprise me that an attorney would file to abate a divorce case rather than dismiss it in a reconcilation situation. Reconciliations often fail, and therefore it saves time, money and some financial issues if the divorce case is abated rather than dismissed.

 

[mistoffolees]

It basically lasts until someone brings the case back forward, or until the court administratively dismisses the case under the particular court's rules for inactive cases.

It doesn't surprise me that an attorney would file to abate a divorce case rather than dismiss it in a reconcilation situation. Reconciliations often fail, and therefore it saves time, money and some financial issues if the divorce case is abated rather than dismissed.

True, but the attorney should have explained that to her. Even when something is better for the client, the attorney should not be taking unilateral action without an explanation.

Of course, she could call the attorney to complain about his doing the abatement rather than dismissal, but that will cost her $300 per hour.