How to Withdraw Divorce Paperwork in North Carolina

By Jennifer Williams

Divorce is a stressful process that often prompts a great deal of soul-searching by both parties. It is not uncommon for that soul-searching to lead to reconciliation. If the paperwork is already on file with the North Carolina courts, withdrawing it is simply a matter of asking the court for a voluntary dismissal. Voluntary dismissal causes the court to drop the case and allows the parties to refile - without prejudice - within one year.

Step 1

Draft a motion for voluntary dismissal stating both parties agree to withdraw the divorce action. Alternatively, the party who initiated the divorce, known as the petitioner, may draft a motion for voluntary dismissal without the involvement of the other party.

Step 2

File the motion for voluntary dismissal with the North Carolina court where the divorce action is pending. If the motion is based on the mutual agreement of both parties, the court will dismiss the entire divorce action. If only the petitioner moves for voluntarily dismissal, only the petitioner's petition for dissolution of marriage is dismissed. Any cross-petition for dissolution filed by the other party remains viable and pending.

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Step 3

Pay any court costs and fees assessed by the court for the divorce action up to the date the motion is granted. If the motion is joint, both parties share these expenses equally; each remains responsible for their respective attorneys' fees. If the motion is filed on behalf of the petitioner only, these expenses are ordered against that party alone.

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How to File for Divorce With No Money
 

References

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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.

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Cross-Motions In Divorce

Cross-motions and motions are as inseparable as macaroni and cheese -- a cross-motion in a legal proceeding is a response to a motion. Motions are a request for a court order and can be made before, during and after a trial. Either party can file a motion asking a family law judge for an order relating to issues involving custody, visitation, child support, spousal support or restraining orders to keep the parties apart during the divorce process. The opposing party has the right not only respond to the motion, but also to ask for its own court orders in its cross-motion.

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