Dismissal is the act of closing a case when the case has not reached its natural conclusion. A criminal case is dismissed when the criminal charges are dropped against a defendant. In divorce cases, when a case is dismissed it means that you stay married to your current spouse. If child custody cases, when a case is dismissed it means that child custody doesn’t legally change from what it was before the petition was filed. The same is true for child support cases , third party cases, or any other type of family law case.
A Motion to Dismiss is the written request by a person to get the court to dismiss the case. In divorce cases involving a husband and wife, a motion to dismiss is a request to the court by one party or the other to stop the divorce process and stay married. Motions to Dismiss are typically heard on the IC Docket so you would use an “IC Note for Motion Docket” when preparing the motion to be filed.
Practically speaking, you can not. If your spouse does not agree, you can not dismiss a case because Washington State is a no fault divorce state. However, tactically speaking it is possible to dismiss a divorce case pursuant to Civil Rule 41 if you are the petitioner in the case. However, practically speaking, your spouse could just refile the case starting the whole process all over again. In those situations, there are ways to accelerate the refiled petition so that it gets placed on a similar or same case schedule as the case you just dismissed.
If you are considering a dismissal action in your divorce case, get expert legal advice before you proceed. Call 206-633-2015 to schedule a consultation today.