Can you cancel a divorce once initiated?
Can you cancel a divorce once initiated?
Sep 8, 2009
What if you decide you no longer wish to divorce? Can you cancel it?
Category: Relationship
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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.


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Marcy Burlock
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