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.

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.

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

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

References

Related articles

Responding to a Summons & Complaint Divorce in Texas

Can You Restart a Divorce Case?

How to File for Divorce of a Covenant Marriage in Louisiana

Get Divorced Online

Related articles

Can a Divorce Be Stopped in Florida If the Papers Have Been Filed?

What If Only One Person Wants a Divorce?

Can a Divorce Be Denied?

How Long Is an Automatic Stay After a Chapter 13 Dismissal?

Browse by category
Ready to Begin? GET STARTED