Legal Question in Family Law in Ohio

Cancellation of Divorce Case when two cases were consolidated

Due to a set of circumstances, both my husband and I filed complaints for divorce two days apart. Initially it was treated as an uncontested divorce and the cases were consolidated into one naming me as plantiff and him as defendant.

Since then, it was changed to a contested divorce case at the time he filed his response and a counterclaim.

I have asked my attorney and cannot get a straight answer on whether or not I can move to dismiss the case (as the plantiff. Can you tell me if it is possible in this situation for me to file to have the complaint dismissed?

Thanks.


Asked on 8/14/06, 1:35 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Cancellation of Divorce Case when two cases were consolidated

You should be able to. Assuming you filed first, the situation would be reversed where you would no longer be constesting it. Why bother? The Court might wonder whether games weren't being played.

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Answered on 8/14/06, 2:13 pm


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