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Under Federal Rules of Civil Procedure (FRCP) 41(a)(B), all voluntary dismissals (i.e. the plaintiff agrees to have the case dismissed) are considered to be dismissed without prejudice, unless the agreement states otherwise.
If you filed for divorce or legal separation and you no longer want to go forward with the case, you can ask the court to cancel (dismiss) it.
The easiest way would be to ask your attorney. The courts order dismissing the case should say if it was with or without prejudice. If it does not, its more likely to be without prejudice, but more context would be needed.
A dismissal refers to the courts decision to terminate a court case without imposing liability on the defendant . The court may dismiss a case in response to a defendants motion to dismiss or do so sua sponte .
You could dismiss with prejudice if thered probably be no need to come back to court, because, say, youve been paid. However, if you decide you want to sue in regular court because the amount is too much for small claims court, you could voluntarily dismiss your small claims case without prejudice.
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Voluntary Dismissal A prosecutor or plaintiff may decide that pursuing a matter in court is not the best course of action. In this case, the judge can dismiss the case with or without prejudice, even though the prosecutor or plaintiff voluntarily asks to drop the case.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and cant be brought back to court. A case dismissed without prejudice means the opposite. Its not dismissed forever.
For example, if someone filed a lawsuit claiming their employer has not paid them, you can dismiss the case with prejudice if the employer ends up paying you after all. You may also dismiss a case without prejudice if the statute of limitations has not expired.

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