Can you rescind a divorce

Which party you are within the divorce proceedings can also impact upon your ability to halt the proceedings if you have had a change of heart for whatever reason. New legislation is due in the autumn of which will be changing the procedure for obtaining a divorce by removing the need to make allegations of behaviour or adultery.

If you are currently going through divorce proceedings and you wish to halt the proceedings, what you have to do will depend upon what stage the proceedings are at and whether you are the petitioner or the respondent. If you are the petitioner and you have filed your divorce petition at court but it has not yet been served upon the respondent, you would have to write to the court promptly confirming that you wish to withdraw the divorce petition.

You must then hope that you are in time and that the court will process your request to withdraw the proceedings before the respondent is served with the divorce petition. If the court action your request prior to the divorce petition being served upon the respondent, the divorce petition will not be served upon the respondent and the divorce proceedings will not be issued.

If you are the petitioner and you wish to halt the divorce proceedings but the respondent has already been served with the divorce petition, you can do either of the following:. With respect to the first option, you will need to contact the respondent to see if they agree to the petition being withdrawn and the proceedings being dismissed. If the respondent is not agreeable to the divorce proceedings being dismissed, you would then have to file an application at court seeking that the divorce proceedings be dismissed.

As the application would be filed on a contested basis, you would also be required to provide the respondent with a copy of your application. The court would then determine whether to grant your application and it is possible that they may list the application for a hearing so as to hear from both parties.

The other option is to simply do nothing, however, if the divorce proceedings are simply left as they are, it is likely to complicate matters further down the line if one spouse wishes to obtain a divorce.

Accordingly, it is advisable to seek that the divorce proceedings be dismissed. If you are the respondent within the proceedings, and the petitioner is agreeable to the divorce proceedings being dismissed, you can also seek to file an application at court seeking to dismiss the divorce proceedings as detailed above.

If the divorce proceedings are at a very early stage, it is currently possible for divorce proceedings to be defended by the respondent. As such, if the respondent does not wish to allow the divorce proceedings to go ahead, the respondent can attempt to defend the divorce proceedings.

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Criminal Defense. Real Estate. Child Support. If a couple changes their mind about divorcing and want to remain married, they can withdraw their divorce petition to stop the process before it begins. Soon after submitting your divorce papers to the local court, you should go to the county clerk and ask for the petition.

However, you must explain the situation to the clerk so that he or she can tell you whether or not additional forms need to be filed.

In either event, the party seeking the divorce, along with their lawyer if they have one, fills out paperwork providing the following information: Grounds for the divorce Assets and debts of of both parties Name and age of any minor children Temporary child support and alimony request s , if applicable If this is as far as the divorce has gone in the court system, you may withdraw your petition or complaint without penalty.

Signing a Divorce Settlement After one files a petition or complaint, many states require couples to attend mediation or make other attempts to resolve their case without the need for a divorce trial.

Divorce is never easy, but we can help. Learn more. Related Articles. Browse by category Bankruptcy. Name Change.

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