
- Can you cancel a divorce once initiated?
- Sep 8, 2009
- Category: Relationship
- Classroom: Free Divorce Papers Resources, Kit, Advice And Record Search

Once a divorce is initiated, can it be cancelled if the spouses change their minds? Yes it can be - if the original petitioner files a motion for dismissal. The responder cannot file to have the divorce cancelled and can only file a response. Although both spouses together can also file to have the divorce cancelled together.
Both parties though need to be in agreement in order for a divorce to be cancelled. If only one partner wants to save the marriage, it might take a bit longer but the divorce will eventually go through.
There are actually two ways to cancel a divorce - the first being filing a ‘notice of dismissal’ with the courts. This is basically a complete ending of the case. If either partner changes their mind, they will have to re-file the papers. Some states will charge upwards of $400 to do so.
The second way you can file is ‘Order of Abatement’. This is a motion for the court to abate the proceedings. In essence it’s putting the case on hold for the time being until the partners or even a single one decide to get the case moving again. It does not completely cancel the case, but does give the option of taking it up again if the decision is made to carry on with it.
If the decision to cancel the divorce is made, make sure this is made official by having both spouses attend a meeting with their lawyers. Both partners sign the motion and even recording their intention is a good idea. Writing letters to the courts to confirm both spouses agree is a solid way to show the courts this is what both parties want. The best idea is to give it a bit of a cooling off period before proceeding in the process.
Classroom details
Lessons in this classroom

- How Should You Explain Divorce to Children?
- Explaining divorce to children isn't easy, but is necessary. How should you explain divorce to you..

- How to Handle a Divorce if One Partner is Abusive
- Some marriages end because of abuse, how should you handle the divorce if this is the case?

- What Should You Bring to the Court Hearing?
- At the court hearing, what should you bring with you?

- What is a Legal Separation?
- What is a legal separation and do you need to have one before you divorce?

- How are Separate Debts Handled in a Divorce?
- If you have debt while divorcing how are they handled?

- What is an Uncontested Divorce?
- What is an uncontested divorce?

- How to Handle Debt During a Divorce
- Divorce is a worry in itself, how do you handle debt on top of it?

- How should assets be divided?
- How should assets be divided in a divorce?
Similar Lessons

- The Facts, Rates and Statistics of Divorce
- The number of divorces in the United States has ..

- There Are Ways to Reconcile After a Divorce
- After you divorce is there any way to reconcile?

- Downloading Your Divorce Paperwork for Free
- Even though you will have to pay to file, it is ..
Teachers latest lessons(224)

- Gay Dating - Top Myths and Misconceptions About Gay Men
- Gay Dating - What are the top myths and misconce..

- Gay Dating - Coming Out of the Closet - When Should I Come Out?
- Gay dating - when should you come out of the clo..



Comments
Would you like to comment?
Sign up for a free account, or sign in (if you're already a member).