How to Withdraw Divorce Papers
Find out if an answer or counterclaim has been filed., Identify the court clerk responsible for processing your case., Fill out the appropriate paperwork., Serve your spouse.
Step-by-Step Guide
-
Step 1: Find out if an answer or counterclaim has been filed.
The spouse who initiates the divorce is called either the petitioner or plaintiff, the other spouse is called either the respondent or defendant.
If you and your spouse reconcile before the respondent has filed any documents in response to the divorce petition, then the petitioner can halt the divorce proceedings all by themselves.
If you are using the services of an attorney to assist in your divorce, simply contact your attorney to find out if an answer or counterclaim has been filed.
If you filed divorce papers yourself, then you should have received the answer or counterclaim in the mail. , If no answer or counterclaim has been filed, identify the clerk of court who is handling your case.The family court where you filed your divorce papers initially will assign a clerk to your case.
If you used an attorney to file, then your attorney should know this information.
Contact the clerk for the proper paperwork and procedures for withdrawing your divorce papers. , If the court clerk provides you with a form, complete it, or have your attorney complete it.
Forms like these are typically only a page or two and very simple to fill out.
For an example, see: https://www.nycourts.gov/courts/6jd/forms/SRForms/stip_disc.pdf Follow all instructions and make sure it is complete and, if necessary, notarized or witnessed.
Many a legal filing is held up for lack of a signature or date in the proper place.
Save yourself time and money down the road and double check the form to make sure everything is filled out properly and completely.
Don't be intimidated.
There are usually no fees associated with withdrawing a case this early, although you'll probably lose any filing fees you paid to initiate the divorce.
And remember, you don't owe the court any explanation for withdrawing your case. , Once the petition for withdrawal is competed, in most jurisdictions, you need to serve your spouse with a copy of the petition to withdraw.
The clerk of court will tell you if this is necessary, and what types of service are acceptable in your jurisdiction.
Even though it isn't always required to show the court proof that your spouse was issued a service of process, it's always a good idea to keep documentation verifying that you did anyway.
That way, if the court somehow loses your paperwork, you have proof that filed your withdrawal. -
Step 2: Identify the court clerk responsible for processing your case.
-
Step 3: Fill out the appropriate paperwork.
-
Step 4: Serve your spouse.
Detailed Guide
The spouse who initiates the divorce is called either the petitioner or plaintiff, the other spouse is called either the respondent or defendant.
If you and your spouse reconcile before the respondent has filed any documents in response to the divorce petition, then the petitioner can halt the divorce proceedings all by themselves.
If you are using the services of an attorney to assist in your divorce, simply contact your attorney to find out if an answer or counterclaim has been filed.
If you filed divorce papers yourself, then you should have received the answer or counterclaim in the mail. , If no answer or counterclaim has been filed, identify the clerk of court who is handling your case.The family court where you filed your divorce papers initially will assign a clerk to your case.
If you used an attorney to file, then your attorney should know this information.
Contact the clerk for the proper paperwork and procedures for withdrawing your divorce papers. , If the court clerk provides you with a form, complete it, or have your attorney complete it.
Forms like these are typically only a page or two and very simple to fill out.
For an example, see: https://www.nycourts.gov/courts/6jd/forms/SRForms/stip_disc.pdf Follow all instructions and make sure it is complete and, if necessary, notarized or witnessed.
Many a legal filing is held up for lack of a signature or date in the proper place.
Save yourself time and money down the road and double check the form to make sure everything is filled out properly and completely.
Don't be intimidated.
There are usually no fees associated with withdrawing a case this early, although you'll probably lose any filing fees you paid to initiate the divorce.
And remember, you don't owe the court any explanation for withdrawing your case. , Once the petition for withdrawal is competed, in most jurisdictions, you need to serve your spouse with a copy of the petition to withdraw.
The clerk of court will tell you if this is necessary, and what types of service are acceptable in your jurisdiction.
Even though it isn't always required to show the court proof that your spouse was issued a service of process, it's always a good idea to keep documentation verifying that you did anyway.
That way, if the court somehow loses your paperwork, you have proof that filed your withdrawal.
About the Author
Tyler Garcia
Tyler Garcia has dedicated 6 years to mastering sports and recreation. As a content creator, Tyler focuses on providing actionable tips and step-by-step guides.
Rate This Guide
How helpful was this guide? Click to rate: