How to Stop Your Divorce Review
To stop your divorce review, you must either withdraw your divorce petition or file a motion temporarily to stop the hearings with a stay. Since each U.S. state makes its own rules for how to commence and stop a divorce review, prior to preparing any documents, you will need to verify the laws and procedures governing your jurisdiction. While it is advisable to consult with an attorney if you need to stop a divorce review, you may be able to prepare your own paperwork with the assistance of the Clerk of the Court and your court's law library.
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Instructions
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Verify that your spouse agrees with your decision to stop the divorce review. If one spouse still wishes to proceed with the divorce, it is unlikely that the court will stop your case. Before you begin to prepare your paperwork, talk to your spouse and make sure that she does not wish to proceed with the divorce.
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Prepare a motion to dismiss the proceedings. If you and your spouse wish to stop the divorce proceedings altogether, the party who filed the divorce petition will need to file with the court a motion to dismiss the case. In the motion, you must list your and your spouse's full names, your case number, and a statement indicating that you are requesting that the court enter an order dismissing your case.
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File a motion for a temporary stay. If you plan to proceed with your divorce but need more time to compile evidence, comply with your state's regulations, or deal with other substantive matters, you may file a motion asking that the court enter a stay on your case. Should the judge sign this order, your case will be put on hold until you have taken care of the issue outlined in your motion.
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Make your request at your hearing. If you do not have time to file a motion prior to your divorce hearing and need to stop your divorce review, prepare the appropriate motion and bring it to your next hearing. The judge may be able to make a ruling on your motion at that time, stopping the divorce proceedings as requested.
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Tips & Warnings
If you are the petitioner in your divorce case and you do not take any further action after filing your divorce petition, the court will not review your case. This is not an advisable way to stop divorce proceedings, however, since it can create confusion and tie up the court's resources.
