Q: Just before my divorce trial, I agreed to withdraw my no-fault divorce petition if we had a post-nup written up. I agreed to this so we could wait until our youngest graduated high school. The opposing attorney told my attorney to dismiss WITH prejudice and he did. I want to refile mid next year. What does “with” prejudice vs. “without” prejudice mean when pertaining to divorce? We live in New York.
A: “With prejudice” simply means you cannot re-file the same case all over again. But if a new 6-month period accrues in which you deem the marriage “irretrievably broken,” then you can file a new divorce case after that period. Call a White Plains Divorce attorney for more info.