Can You Back Out of Divorce If You Already Filed?

By Teo Spengler

A divorce, like a marriage, can seem like a good idea one minute but a bad idea the next. If you filed a divorce petition and now regret it, you may be able to do an about-face without too much trouble, depending upon what stage in the proceedings you realize your mistake.

Dismissal Before Response

After you file a petition for divorce, your next step in the process is to arrange for the divorce papers to be served on your spouse, who has 30 days in which to reply. If you change your mind about the divorce at any point before your spouse files response papers with the court, in most jurisdictions, you are allowed to dismiss the case.

Dismissal With Spouse's Consent

After your spouse has filed response papers, the petitioner no longer has an automatic right to dismiss the divorce. But winning a dismissal is not difficult, if your spouse also wants to give the marriage another try. Generally, a court grants a dismissal when both spouses agree to end the case.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
What If Only One Person Wants a Divorce?
 

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Can a Divorce Be Denied?

Depending on your state’s laws, the state court can decline to grant your divorce, but it won’t deny a divorce simply because one spouse does not want it. To avoid denial, you must ensure that you fully comply with all of your court’s rules, and you must provide sufficient proof of whatever ground you are alleging in your divorce paperwork.

How to Stop Divorce Proceedings in California in the First 30 Days

Married couples often reconcile their differences once a divorce has been filed. To stop the divorce process within the first 30 days, the spouse who filed for divorce should inform the court there is no need to continue with the divorce process. To do so, the spouse who filed for divorce, called the petitioner, can file a request for dismissal with the court. Only the petitioner can file this form, as the other spouse cannot stop the process. However, if the other spouse has already filed his response, he must agree to stop the divorce and also sign off on the paperwork.

Rules for Filing a Second Bankruptcy

Depending on the type of second bankruptcy you want to file, there may not be a waiting period or a waiting period of up to eight years. A second bankruptcy may also be filed after a dismissal of the first one. A dismissal is different from a discharge. A discharge releases you from any liability to your creditors, while a dismissal is when the court throws out your case before it is completed. Usually, a dismissal arises from a failure to file necessary documents or failing to make payments under a Chapter 13 repayment plan.

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