Case Dismissed - Start All Over?

by Keith from Avon Park, Florida, Highlands County

Case Dismissed - Start All Over?: My wife filed for divorce in 2004. She is living in Illinois, and I have been here in Florida since 2002. I made court appearances in 2004, in Will County, Illinois. But the divorce proceeding were postponed during one of my trips to Illinois and I arranged for counsel to represent me, when I could not appear on one occasion.



In January of 2005 it was impossible for me to make an appearance, for a court date, and I never heard from the court or my wife’s lawyer again. I had been informed by counsel that if I missed a court date that my wife would be granted the divorce.

I had only one issue with the divorce that I was arguing concerning our 16 year old daughter who had been living with me since our breakup in 2002. My wife was claiming that our daughter was an “emancipated woman.”

At this time my daughter was totally dependent on me, and was going to a junior college here in Florida. She had no job, no drivers license, and there was never an order from the court emancipating her.

After missing this court date in January of 2005, I assumed after never hearing from the court, or my wife’s attorney that the divorce had been granted in my absence. I have now learned that the case was dismissed in April of 2005. Do I have to file again here in Florida, and start the process all over?

Answer to Florida Divorce Question

Dear Keith,

Probably. I don't know how it works in Illinois, so I can't answer with much confidence about Illinois, but if all of this had taken place in Florida, you would most likely need to re-file for divorce here.

Since your case was dismissed, instead of being closed, it doesn't seem logical to re-open it.

Now, five years later, it seems reasonable to start all over again.

Most likely you will need to file the Petition for Dissolution of Marriage with No Children and No Property.

Have a look at our web-powered instructions page for this form. Your daughter is now well over age 18, and unless there are younger children of the marriage, there are no children.

Most couples after having been separated for many years, no longer have any property to divide. I suggested you use the regular Petition for Dissolution of Marriage rather than the Petition for Simplified Dissolution of Marriage for two reasons. First, a regular petition is simpler than a simplified -- a Marital Settlement is not required.

Second, when you use the regular Petition for Dissolution of Marriage, only one of the parties must appear at the Final Hearing for Dissolution. Since your wife lives out of state, she may be happy to file her Answer, Waiver of Court Appearance, and Request for Final Order, and be done with it.

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