Legal Question in Family Law in Ohio

dismissing a third party defendant

I am in the process of a divorce. A third party owes us money, so this party was added to the divorce case as third party defendants. They are being impossible, which has extended our divorce out more than two years. I want to dismiss the claim against them without prejudice. Their attorney says they have to sign off on this and they refuse unless I dismiss with prejudice. Can I dismiss the claim against them and finish the divorce, or do they have to sign something?


Asked on 9/24/07, 2:52 pm

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

Re: dismissing a third party defendant

"With prejudice" means a party cannot file a new law suit. Do you and your soon-to-be-ex want to walk away from this debt? Their attorney may be putting a wrench into the process to win for his clients. There might be an ethical issue here.

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Answered on 9/26/07, 4:34 pm


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