How can I stop my divorce proceedings? 26 Answers as of July 05, 2011

How long after the divorce petition has been filed can it be stopped?

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Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
You can stop the proceedings up until the time the judge signs the judgment of dissolution of marriage. If your spouse has "appeared" in the case and does not want to stop the proceedings, then you cannot do it alone.
Answer Applies to: Oregon
Replied: 7/5/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
You can file a Voluntary Motion to Dismiss your case at any time up until the Final Hearing.
Answer Applies to: Florida
Replied: 7/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You can stop the proceedings anytime by agreement.
Answer Applies to: Washington
Replied: 7/1/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
To stop or dismiss your Petition for Dissolution of Marriage depends upon whether your husband filed a Response and/or whether your husband is in agreement with what you want. However, you probably cannot stop your divorce proceedings if your husband wants to go forward and get the divorce. I highly recommend that you consult with an attorney to help with this matter. Good luck.
Answer Applies to: California
Replied: 7/1/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, if you were the person who filed the divorce, you can dismiss it "without prejudice" at any time. If you are not the person who filed the divorce, then you cannot dismiss it or stop it from going forward.
Answer Applies to: Georgia
Replied: 6/30/2011
    The English Law Firm
    The English Law Firm | Robert English
    Under California law, if the other party has not yet answered, then you can dismiss the case. If they have answered, then the case can be dismissed by mutual consent. The other party does always have the right to initiate their own divorce action.
    Answer Applies to: California
    Replied: 6/30/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Unit there is a judgment.
    Answer Applies to: Connecticut
    Replied: 6/30/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The answer depends on what has happened in the proceedings so far. If the other party has not yet been served, the filing party can probably just file a notice to dismiss the case. If the other party has already been served, it will probably require both parties to sign a request for dismissal. You need to consult the specific rules of civil procedure for your state to determine the specific requirements.
    Answer Applies to: Colorado
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Any time, if your spouse agrees or if you wish to stop them. Speak to your lawyer about this if you have one. If not, you can stop any time, but there could be adverse ramifications if your spouse has already counter-sued you for divorce. Speak to an attorney about this important matter. Good luck.
    Answer Applies to: New York
    Replied: 6/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington the petition can nearly always seek a dismissal.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You can Non Suit your pleadings anytime before resting your case.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    This is a highly state specific question. In Ohio, statutes allow either party to call for a 90 day conciliation period to enable the parties to seek marital counseling or otherwise work out their difficulties. Other states may permit extra time between pre-trial hearings. But as far as stopping the divorce completely, the party bringing the lawsuit must agree to withdraw it.
    Answer Applies to: Ohio
    Replied: 6/29/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    It can be stopped at any time prior to the final judgment being entered by filing a voluntary dismissal. Of course, this presumes that you filed the petition and no counter-petition was filed. If you did not file the petition, then you cannot dismiss the action (the person who filed the petition would have to file the dismissal). And if a counter-petition was filed, then both sides would have to do a joint voluntary dismissal. Hope that answers your question.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    If that is the case, then, the only way it can be stopped is if both you and your spouse agree to dismiss the case. In that instance, the two of you would have an agreed order of dismissal entered. If only you want to stop the divorce, and your spouse wants to go forward with it, then, the case is going to go forward toward either settlement or trial, and there is probably nothing you can do to stop it.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there gas Bean no Answer to the divorce petition, the petitioning party may dismiss the action at any time. If an answer has been filed an agreement to dismiss is required.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You and your spouse have to agree to dismiss the petition.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Only the person who started it can stop it with a voluntary dismissal or the court will dismiss it after 1 year with no activity.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    In Connecticut, only the person who filed the action can stop it. That could be done at any time.
    Answer Applies to: Connecticut
    Replied: 6/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law a divorce can be dismissed any time before final orders are entered. However, if a response to the petition was filed, it would generally require agreement of both parties to dismiss the action.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    If you were the person that filed the Petition, the proceedings can be stopped at any time by you. If you were the party served, there is no way to stop a divorce, you are required to file a Response within 30 days of being served.
    Answer Applies to: California
    Replied: 6/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your Petition has never been served, or if it hasn't been responded to, you should promptly file a Request for Dismissal of the entire action without Prejudice, and that should stop and cause the dismissal of the divorce case. If your spouse has filed a Response, the signatures of both parties are required on the Request for Dismissal in order for the case to be dismissed.
    Answer Applies to: California
    Replied: 6/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you are the "petitioner," you can dismiss your case at any time before requesting a judgment of dissolution (i.e., filing all your final judgment papers with the court).
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Generally, you should be able to dismiss your divorce petition at any time. However, you need to be aware that if your spouse has filed a counterclaim, that action would proceed unless it is dismissed as well. If you are unrepressed, have a consultation with an attorney before dismissing your case. If you have an attorney, discuss this matter with him/her. You need to be aware of the legal consequences of your actions.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In general, if there is no counterclaim, you can dismiss at any time until the judge rules. If there is a counterclaim, the counterclaim remains pending which means it goes on regardless of the dismissal.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If you filed you can dismiss at any time.
    Answer Applies to: Wisconsin
    Replied: 6/29/2011
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