Definition Without Prejudice - refers to something decided, ordered, adjudged,
but settled in a way the parties may refile.
Application in Divorce Generally, pretrial orders are said to be without prejudice, meaning that the parties have a right to trial and that the issue is not settled permanently.

In divorce and family law, almost all rulings (except property distribution) are subject the courts continuing review, for example, child support; thus they are settled without prejudice.

Lawsuits dismissed for failure to file a timely manner may be refilled as long as a statute of limitations does not apply.

Compare With Prejudice.

See also Laches.

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#259: If you want to avoid court, work with your spouse to reach and agreement on all your issues. Most divorces do end in settlement, unfortunately sometimes, it takes the reality of a trial to make the spouses realize that the judge's ruling would be too much of a surprise to bare.
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