Divorce Guide

Divorce Guide

Withdraw Divorce Petition

In order to withdraw divorce petition, both parties should agree to resolve their issues before the divorce is finalized. Till the judge does not sign on the divorce decree, the petitioner can withdraw the divorce petition. The petitioner must file a dismissal motion. The other party cannot file a dismissal motion; he /she can only give response to the motion. There is a waiting period between when the divorce is filed and when it is finalized. In this period, the party can withdraw the divorce petition. The parties can stop the divorce by filing a notice of revocation.

This petition is filed by the spouse to stop the divorce process in the court. Most of the court has its own divorce process right from filing the motion till obtaining the decree. The form and papers are mostly available with countyís court Your spouse has to approve the withdrawal along with response to the initial petition.

How to Withdraw Divorce Petition

  • Make sure that the other party does not respond to your petition of divorce. If he/she did not file any documents other than a notice of appearance, you are allowed to withdraw the divorce petition.
  • In case he/she filed an answer, the divorce will continue on his/her petition till he/she withdraws by following the same process.
  • Contact the family courtís clerk who is processing your case. The clerk helps in finding the form to be submitted as a request for withdrawal of divorce petition. Get the form if needed. If there is no form required enquire about the particular format you must use in your letter for requesting.
  • Fill out the form, or prepare your motion-to-dismiss letter, including your name, other partyís name and the case number assigned to your divorce case. There is no need of mentioning the reason for withdrawing your divorce petition. Sign and write the date on the letter or form.
  • File the dismissal motion with the court. Most of the courts do not charge fees for filing such a motion, but you cannot recover the fees you paid for your initial divorce filing. Note that if the other party files an answer, he/she must also submit a dismissal motion.

Not every divorce filing results in a divorce decree. In certain cases, spouses withdraw the divorce case before the judge makes the decision. Divorce is a legal process, and like any other legal process, it starts when a specific document is filed, also known as petition or a complaint. While divorce laws and civil process differ as per the state, most of the state allows you to withdraw divorce petition as long as you fulfill certain conditions.

You are allowed to request the court to withdraw your divorce case at any point before the process ends. If you cannot cancel the divorce process yourself, an attorney can help you in the process. He/she will make sure that all necessary documents and papers are submitted correctly. As the process can end up fast with the help of an expert, a lawyer will be a charging relatively less.

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