Challenges With Stopping A Divorce After Filing

22 May 2019
 Categories: Law, Blog


The best time to stop a divorce is before filing the petition. You may be able to stop a divorce once the process is underway, but you will have to overcome a few complications.

The Complications

Below are some of the issues that might trigger the complications.  

Original Petitioner

If your divorce is already underway, then the only person who can terminate the process is the person who filed for divorce. The court may require the petitioner to file a (simple) form stating their intentions to terminate the case. In many cases, you don't have to provide a reason for calling off the divorce. The court may require you to notify your spouse, or it may send the notification directly to your spouse.

This means you cannot call off a divorce if you are not the one who filed the initial petition. Even if you have a verbal agreement with your spouse to end the divorce, the divorce will continue if your partner doesn't take the necessary steps to end the process.

Spousal Agreement

If you filed for divorce and your partner hasn't filed a response to your petition, then you can unilaterally withdraw the case. However, if your partner has filed a counterclaim to your petition, then you need your partner's agreement to withdraw the petition. Therefore, even if you filed your petition a few days ago and your partner has already responded, you can't withdraw the case if your partner wants it to continue.

Abuse Issues

Lastly, allegations of abuse (in all its forms) may also complicate your quest to withdraw a divorce petition. Say you mentioned in your divorce petition that your partner is physically violent with you or has sexually abused your kids. In both cases, the court may be reluctant to terminate the divorce process without further scrutiny of your allegations. What if your abusive partner has threatened you and that is why you want to withdraw the petition?

Withdrawal Tips

Despite the above complications, you can still terminate a divorce process if you know what to do. The following tips should help you get it right.

Act Fast

The earlier you file your withdrawal case, the simpler it will be to withdraw the case. Early action means you may be able to withdraw the case before your partner replies to your petition, in which case you don't need their permission. It also means you will be able to withdraw the case before the court

Get Your Spouse's Approval

It's also a good idea to get your spouse's approval before trying to withdraw the case. That way, even if your spouse had already replied to your petition, you will still be able to withdraw the case.

Reach out to a company like Cooper Levenson Attorneys At Law to learn more.