I represented myself as a plaintiff in a divorce. I filed two separate motions for equitable distribution, and a motion for alimony. The divorce was granted, and then the motions for the other two were reserved for trial. At the equitable distribution trial, The defendant was a no-show and I voluntarily dismissed the case without prejudiced. The defendant is now stating she is going to refile for both equitable distribution and alimony after that dismissal. She is stating that the case can be reopened since I filed without prejudiced, I did represent myself in the trial.
The defendants attorney filed a motion for withdrawal and was granted, and the defendant did not show for the trial.
My question is can this case be reopened by the defendant claiming to be a plaintiff since it was dismissed without prejudiced?
I had filed an affidavit for her to receive her property in a storage unit. She did not file her own affidavits for property, nor did not submit any answers or claims to alimony during the period in which the trial was open. I have now begun to sell the property from the storage unit to Reduce the size of storage unit or get rid of it altogether.
It is now a big concern of mine that the case is to be reopened, possibly and what would become of selling the property.
Generally, a claim dismissed without prejudice can be refiled within a year.
However, claims for equitable distribution and alimony cannot be filed after the absolute divorce is entered. Once an absolute divorce judgment is entered, you are no longer eligible to ask to court to equitably divide the marital property or award alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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