Florida Court Affirms Trial Court’s Dismissal of Dissolution Case

In Florida, the rules of procedure grant parties the broad discretion to withdraw their cases, including dissolution proceedings. A recent Florida decision reaffirmed this principle, holding that a spouse who voluntarily dismisses a petition for dissolution of marriage retains the right to do so, provided there are no pending counterclaims. If you are involved in a dissolution proceeding, it is important to understand your rights and obligations under Florida law and you should consult an experienced Miami divorce attorney as soon as possible.

History of the Case

It is reported that the wife filed a petition for dissolution of marriage, seeking both the termination of the marital relationship and equal timesharing with the couple’s two minor children. She also submitted a suggested marital settlement agreement, providing equitable distribution and reflecting her requested timesharing arrangement.

Reportedly, the husband responded by filing an answer, waiver, and a request for a copy of the final judgment of dissolution of marriage. Shortly thereafter, the wife voluntarily dismissed her petition for dissolution. The husband objected to the dismissal, asserting that he had already complied with the monetary terms established in the suggested marital settlement agreement in expectation of a final judgment. He subsequently amended his objection to include additional factual allegations and filed a motion for default against the wife.

It is alleged that the trial court entered an order ratifying the wife’s voluntary dismissal and closed the case. The husband then appealed, arguing that the dismissal should not have been permitted given his compliance with the financial terms of the settlement agreement.

Voluntary Dismissal of Dissolution Proceedings Under Florida Law

On appeal, the court evaluated whether the trial court properly ratified the voluntary dismissal of the dissolution case. The court relied on Florida Family Law Rule of Procedure 12.420, which governs voluntary dismissals in family law cases and serves as the counterpart to Florida Rule of Civil Procedure 1.420.

Under the rule, a petitioner may voluntarily dismiss a case before a hearing on a motion for summary judgment or, if no such motion is filed before the case is submitted for decision in a nonjury trial. The court noted that, with limited exceptions, Florida law has long recognized a plaintiff’s right to voluntary dismissal as “absolute.” The court also reiterated that a voluntary dismissal does not prejudice any pending counterclaims, meaning that if a counterpetition had been filed, the case could not have been dismissed without addressing that claim.

Here, the court found that the wife’s voluntary dismissal complied with the requirements of Rule 12.420. At the time of dismissal, the husband had not filed a counterpetition, and the trial court had not yet ratified the proposed marital settlement agreement. Consequently, the wife retained the right to abandon her dissolution case. The court held that the trial court lacked the authority or discretion to deny the voluntary dismissal, making it effective immediately upon service.

As a result, the court affirmed the trial court’s dismissal of the case, though it noted that the ruling did not preclude the husband from pursuing separate legal actions.

Meet with an Experienced Miami Divorce Attorney

The voluntary dismissal of a dissolution proceeding can have significant legal consequences, particularly for a spouse who has already complied with certain financial or custodial agreements. If you or your spouse intend to end your marriage, it is smart to meet with an attorney to discuss your options. The experienced Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A., can advise you of your rights and help you to take the steps necessary to protect your interests. Contact us at 800-596-0579 or use our online form to arrange a meeting.

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