Can You Stop A Divorce If It Has Been Filed?

There are times when you will want to stop a divorce that has already been filed. If you are not the person who filed for divorce, you will generally not be able to stop the process. In these cases, you will have to contest the divorce, but you cannot force your spouse to stay married to you. However, if you are the person who filed the divorce, you will be able to change your mind in the early days of the proceedings.

Go To The Courthouse

The first step in stopping a divorce that you have filed is to go to the courthouse where you filed the petition for divorce. You will then have to speak to the clerk of the court there are tell them that you want to stop the divorce process. You will need to ask for the correct form that you need to file to do this.

It is important to note that these forms are often available online. However, different jurisdiction will have different rules and it is best to find out more from the court. Going to the court will also ensure that you are getting the right form to stop the divorce process.

Complete The Form

Once you have the form from the court, you will need to complete this. Most states will have a very simple form which is one page long. These forms will state that you are knowingly and voluntarily dismissing or withdrawing your divorce case. It is important to note that you do not actually owe the court an explanation for why you want to withdraw your divorce.

Filing The Form

Once the form has been completed, you will need to take it back to the court where you initially filed the divorce. When you do this, you should also take a number of copies with you as well. The clerk should tell you about the number of copies that you have to bring when you get the form from them.

When you take the completed form to the court, the clerk will stamp all of your copies as filed. At least one copy will be returned to you for your records. Another copy may also be provided for you to serve on your spouse.

Serving Your Spouse

After filing the form, you may have to serve your spouse with a copy of the court dismissal. This is not something that you always have to do as some states do not require this. There are some jurisdictions that will complete this on your behalf.

There are other jurisdictions where you will have to give the dismissal to your spouse in person or mail them a copy by certified post. You will not have to use the sheriff or a private process service for this because your spouse will not have to contest or respond in any way. You also will not have to file any proof with the court that you have served them with a copy of the dismissal. To know more about us visit the website at Deanhineslawyer.com.