Can a Divorce Case Be Dismissed by the Court?

I would imagine that court could dismiss a divorce case for a number of reasons. In fact, I know that it can. For example

  • If the court does not have jurisdiction based on the residency requirement of the parties, it would have to dismiss the case on jurisdictional grounds.
  • If the petitioner changes his or her mind and no longer wants a divorce, the court would have to dismiss after the petitioner files a motion for dismissal.
  • If the grounds for divorce¬†have not been proven after a trial.
  • If the petitioner fails to properly serve the respondent in the allotted time frame in that jurisdiction
  • Even if service is achieved within the timeframe required, if service is “defective” the court would dismiss. (example no affidavit of service.)
  • If the divorce case becomes cold. That is, it remains inactive over a period of time.
  • If the parties’ marriage had been void for some reason and the court become aware of it; or if the marriage had been annulled.

This list is hardly exhaustive.