How to Revoke Divorce Papers

Determine if a Response or Counterclaim has been Filed. The spouse initiating divorce, termed either the petitioner or plaintiff, while the other spouse is known as either the respondent or defendant. If reconciliation occurs prior to the respondent filing any response documents to the divorce petition, the petitioner can single-handedly halt divorce proceedings. If legal representation is involved, simply communicate with the attorney to ascertain if a response or counterclaim has been filed. If self-filing divorce papers, the response or counterclaim should have been received via mail.

Find out which court clerk is handling your case. If you haven't received a response or counterclaim, locate the clerk of court assigned to your case. Your initial divorce filing determines this clerk. If you enlisted an attorney, they should have this information. Contact the clerk for the necessary paperwork and withdrawal procedures.

Complete the required paperwork. If provided with a form by the court clerk, fill it out yourself or through your attorney. Typically, these forms are brief and straightforward, spanning only a page or two.

• Adhere to all instructions, ensuring completeness, and if needed, notarization or witnessing. Many legal filings are delayed due to missing signatures or dates in the correct spots. Save yourself future hassle by double-checking the form for accuracy and completeness.
• Don't feel intimidated. Typically, withdrawing a case at this stage incurs no fees, though any initial filing fees are usually forfeited. Also, remember, you're not obligated to explain your decision to the court.

Notify your spouse. After completing the petition for withdrawal, in most areas, you must serve your spouse with a copy of the petition. The court clerk will advise whether this step is necessary and which forms of service are acceptable in your jurisdiction. While the court may not always require proof of service to be submitted, keeping documentation is advisable. This ensures that if your paperwork gets misplaced, you have evidence of filing for withdrawal.

Confirm mutual desire to withdraw the divorce petition. Above all, ensure that reconciliation is the preferred choice for both you and your spouse, as well as your family. Just as there are expenses associated with initiating a divorce, stopping the process incurs costs (such as court and attorney fees), particularly if your spouse has already filed a response or counterclaim. Avoid wasting time and money. Have an honest and open conversation with your spouse to ensure both of you are committed to preserving your marriage.

Submit a request for dismissal. As both spouses expressed a desire for divorce previously, the court must ensure both now wish to reconcile. Thus, both the petitioner and respondent must sign the motion for dismissal. Typically, this motion is filed with the court clerk, and the judge will either approve it (if both parties sign) or arrange a hearing to assess its validity (if only the petitioner signs).

• Submit a dismissal order. In some jurisdictions, alongside the motion for dismissal, you'll need to file a dismissal order. The process and content for filing the order are much like that for the motion. The order simply states that the motion has been granted or sets a hearing date.
• If a hearing is scheduled, the petitioner usually needs to attend. If the respondent is present but doesn't contest the dismissal, or if they don't attend the hearing, the judge typically approves the dismissal. Subsequently, the court will notify your spouse that the divorce papers are withdrawn, or you'll receive a withdrawal notice to serve them yourself.

Drop the counterclaim. Should the defendant submit a counterclaim, it constitutes a separate divorce claim. Counterclaims are more common in fault-based divorces (e.g., for adultery or abandonment) rather than no-fault divorces (e.g., due to irreconcilable differences). If a counterclaim exists, it remains active even if the petitioner withdraws the original claim. To stop the divorce proceedings, the counterclaim must also be dismissed, following the same procedure as for the petitioner's claim.

Close the proceedings. If both you and your spouse independently stop the divorce proceedings but engaged lawyers for the process, ensure each of you contacts your respective attorneys to close your cases. This prevents unnecessary prolongation of the process and avoids additional legal expenses.

• Consider marital counseling. When deciding to halt divorce and work on your marriage, seeking resources like counseling can help strengthen your relationship.
• Consult a lawyer, even if you didn't initially involve one. Laws and court regulations vary by state. Talking to a divorce and family law specialist is wise if your divorce proceedings are underway and you wish to stop them.