Motion to Dismiss


#1

I am the Plaintiff in a divorce. The Absolute divorce is final. My attorney set in motion “Initial Pretrial Order for ED”. I did not request this step. My ex and I agreed to our own form of ED. Now I received a Discovery request by her attorney. Can I withdraw the “Initial Pretrial Order for ED”? How can I do it myself and what motion would I use?

Thanks for your help?


#2

Until an order on equitable distribution is entered (either through consent of the parties or a trial) or a voluntary dismissal is entered, closing the case, the parties and attorneys will continue to prepare for the trial including the discovery process and attending pre-trial hearings and entering pre-trial orders.

If you have reached an agreement with your former spouse, have that agreement put into a consent order or agreement, and then have the case either closed or dismissed. Do not dismiss the case until the agreement is entered. Since your divorce is granted, you do not want to foreclose your right to have the court divide the marital estate.


#3

I have one more question. How do I file a consent order and where can I obtain the documents?

Thank you.


#4

The procedure for submitting a consent order to a judge for signature and entry varies depending upon the jurisdiction. You should contact the clerk’s office in your county and inquire with them. Rosen Online can assist you by providing forms and helping you formulate the order that is appropriate for your situation.