Divorce Guide

Divorce Guide

Divorce Petition Dismissal

If you are the petitioner in your divorce case, and have decided that you donít want to proceed with the divorce further, you can request the court to dismiss divorce petition. The rules to dismiss your divorce vary as per the state laws. It is advisable to dismiss the case when the respondent has not filed an answer to the petition. If the other party wishes to proceed with the case, then you will not be allowed to dismiss the petition.

You can file for the divorce petition dismissal, when you donít want the court to sign the decree on issues related to property division, matters related to children, alimony or debts. Before starting with the process, decide which of the following suits your case:

  • If the other party did not file or serve a response to the petition (See Sections 2, 3 and 4).
  • If the other party did not sign the dismiss divorce petition.
  • You can file the dismissal form if you schedule a hearing on a Motion to Dismiss, for this you need to give notice to the spouse, and request the court to dismiss your case at the hearing (Use Sections 2, 3 and 4).
  • If the other party doesnít sign the papers and wish to go for divorce talk with the lawyer before filing any dismiss motion.
  • If the other party has served a response, and if she/he signs and agrees to drop the case.

During the process of dismissing the divorce petition, if you schedule a hearing, you must give notice to all the other parties involved in your case .An Order of Dismissal is signed by the judge who states that the divorce case is dismissed and you will stay married.

Process of Dismissing Divorce Petition

  • Prepare a dismissal motion. The motion will be same like the original divorce petition with the courtís name, name of the spouses and number of the cause. To start with the content in the motion, you need to request the court to dismiss the petition that you filed. Sign the motion and let the other party also sign if they are in agreement.
  • Prepare the dismissal order. Content should be same like the motion. In the order, you should indicate that the court has received the dismissal motion, and is granted by the court or hearing has been set. Keep space for the judge to sign and write the date of the order.
  • File the order and motion with the courtís clerk where you have filed the original petition. Along with the motion, serve your spouse to sign.
  • Wait for the court to return the order. If the other party signs the motion, then the court will sign the dismissal and return the order to you. If your spouse rejects to sign the motion, then the judge will set the hearing of the motion.
  • Be present at the hearing if required. Explain the judge the reason to dismiss the petition. If the other party does not appear, or appears but does not raise any objection on the dismissal, then the judge will generally grant the motion and sign the order of dismissal.

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