Withdrew his case and refilled


#1

we have been separated since last year and he had filled for absolute divorce. I was served by the court with complaint and I replied to the complaint as well. I just found out that he has withdrew his case without my knowledge and has refilled it again week later. can he do that? Doesn’t his attorney have to notify me for the withdrawal of last case and new case?


#2

Yes, your spouse can dismiss a court action that he filed. If so, the Notice of Voluntary Dismissal should have been mailed to you as the opposing party.

If the case was refiled under a new file number, you must be served by sheriff’s deputy, process server, or certified/registered mail.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

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