How to Stop the Divorce Once it Has Been Filed
As a party to a divorce case, you may desire to stop the proceeding. There are a couple of options available to you when it comes to stopping a divorce case once filed. There are three primary considerations that come into play in this regard. One factor is whether or not you filed the case. The other considerations are how long the case is pending and whether your spouse agrees with a dismissal.
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Instructions
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Discuss your desire to dismiss the divorce case with your spouse. If your spouse agrees with your desire to dismiss the case, you will not have a problem in getting approval for stopping your case.
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Write a motion seeking the court's approval to dismiss the case. If your spouse agrees with the requested dismissal, make note of that in the motion. The office of the court clerk can provide a local divorce guidebook that includes the rules of the court as well as frequently used forms, including motions.
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File the motion with the clerk of the court. At the time you file the motion to dismiss the divorce case you will be provided the date and time for a hearing on your request.
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Send a copy of the motion to your spouse together with notification of the date and time of the hearing on the motion.
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Appear at the hearing to present your argument in favor of dismissal of the court. If your spouse agrees with the request, that fact is the only information you need to provide to the judge. If your spouse filed the initial divorce petition and objects to the dismissal, you need to present compelling evidence as to why it should be stopped. For example, if your spouse failed to comply with prior orders of the court or has caused undue delay of the case, you may win a dismissal. In a situation in which the case has been pending for a long time and your spouse objects to stopping it, you are not likely to win a dismissal of the case.
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