Can a Spouse Drop Divorce Charges?

By Maggie Lourdes

Spouses frequently opt to reconcile after divorce proceedings commence. A dismissal must be entered by the court to terminate a pending divorce action. A copy of the dismissal is customarily provided to all affected parties and any government agencies involved in the case. The dismissal process and court paperwork a spouse must complete varies based on state law and the specific circumstances involved.

Spouses frequently opt to reconcile after divorce proceedings commence. A dismissal must be entered by the court to terminate a pending divorce action. A copy of the dismissal is customarily provided to all affected parties and any government agencies involved in the case. The dismissal process and court paperwork a spouse must complete varies based on state law and the specific circumstances involved.

Voluntary Dismissal

Generally, courts allow a person to dismiss his own lawsuit before the opposing party answers his pleadings. A voluntary dismissal must be signed by the party dropping the divorce and submitted to the court clerk for filing. The specific rules for voluntary dismissals are governed by state law. A person should check local rules and obtain an approved dismissal form from the clerk of the court handling the matter.

Divorce is never easy, but we can help. Learn More

Stipulation to Dismiss

A spouse who has received a formal response to divorce pleadings generally must enter a stipulated dismissal to terminate the case. Both spouses must sign a stipulated dismissal which states the parties agree to drop the divorce and addresses conditions of the dismissal such as costs and attorney's fees. A stipulated dismissal must be submitted to the court for approval and entry.

Motion to Dismiss

If a response has been filed to divorce proceedings and the parties cannot agree to a dismissal, a motion must be brought. A motion is a request for a formal hearing before a judge so the parties can argue their positions. A judge may grant or deny a motion for dismissal. For example, if a spouse is arguing over a small matter like court costs, a judge can make a decision about the issue and then grant the dismissal. However, if an opposing spouse has filed a formal response and wishes to proceed with the divorce, the judge may deny a dismissal so the marriage can be ended.

Non-Progress Dismissal

A court case can be dismissed for non-progress when parties simply stop participating in court proceedings. This is not the best way to have a case dismissed. For example, if a spouse files for a divorce, but then makes no further contact with the court or takes any action, the clerk will generally dismiss the case because of non-progress. Judges dislike it when cases are abandoned because they clog the dockets and create extra work for court personnel.

Divorce is never easy, but we can help. Learn More
How to Withdraw Divorce Paperwork in North Carolina

References

Related articles

Divorce Dismissal Facts in Florida

Obtaining a divorce means severing a legal relationship. As such, rigid legal rules and procedures come into play. In Florida, if one spouse fails to observe the filing requirements, the court may dismiss the action. Cases may also get dismissed by voluntary agreement if a couple decides to stay married. Paying close attention to the Florida court rules from the outset will help you avoid having to file for divorce twice.

When Is a Divorce Case Ended?

When you're up to your ears in divorce paperwork, it might seem like you're divorce is going to go on forever. Just keep in mind that every divorce action inevitably ends. However, exactly how it ends and how long it takes to reach that end can vary, depending on state law and the individual case.

What is a Notice of Dismissal of Bankruptcy?

Bankruptcy is a legal process by which debtors may restructure or obtain relief from overwhelming debts and get a fresh start on building a positive economic future. The bankruptcy court process has stringent rules and timelines to insure the debtor and creditors are treated fairly. Failure to abide by these rules may lead to dismissal of the bankruptcy, but in most instances, the debtor will be allowed to refile.

Get Divorced Online

Related articles

Legal Orders of Dismissal for Failure to Prosecute Divorce in Oklahoma

The decision to divorce is not one that should be made in haste, yet once a spouse files for divorce in Oklahoma, he ...

Can You Restart a Divorce Case?

Some states allow uncertain spouses to push the pause button in the middle of a divorce, effectively halting the ...

What Happens After You Sign & Notarize Your Divorce Documents?

Each state has unique laws regarding divorce and family law matters, so the actual process of preparing and filing ...

How Can a Petitioner Drop a Divorce?

If you file for divorce and later change your mind, you can ask the court to drop the case. The legal term for this ...

Browse by category
Ready to Begin? GET STARTED