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March 27, 2025

Without Prejudice

Without prejudice generally preserves the ability to file a claim again. Learn what it means when a divorce case is dismissed.

Without prejudice means that a legal step does not, by itself, take away the right to raise the same claim or issue later. A case dismissed without prejudice can generally be filed again, subject to applicable deadlines and other legal requirements. A dismissal with prejudice, by contrast, generally prevents the same claim from being brought again.

In California Family Law

For example, spouses who decide to reconcile may dismiss their divorce case without prejudice. If the reconciliation does not work, either spouse can file a new divorce case. The old case does not simply resume, and filing fees or a fee waiver will be required again.

The phrase does not provide a fresh start on every deadline. A dismissal without prejudice does not automatically restart or extend a filing deadline.

Glossary