Divorce is a valid solution when a relationship does not work out, but it is a major decision that will have a significant impact on the rest of your life. If you filed for divorce but are second-guessing your decision, you may wonder whether you can cancel the petition. It is important that you understand what to do if you change your mind, as well as the legal implications of doing so. Continue reading and consult with a knowledgeable Union County divorce attorney for skilled representation and legal advice today.
What is a Divorce Petition?
In New Jersey, the divorce process begins when one spouse files a formal petition for divorce with the court. This document is the petitioner’s request to initiate a divorce case and dissolve the marriage. The petition will contain information about the marriage, the couple, the reason for the breakdown of the relationship, and more.
Once the divorce petition has been filed, it begins the legal process of divorce, which includes settlement negotiations, child custody arrangements, the division of property, alimony and child support obligations, and more.
Can I Cancel My Divorce Petition in NJ?
While the decision to get divorced is serious and should not be taken lightly, sometimes feelings or circumstances change. If one or both parties reconsider their decision, it is important to understand if and how they can stop the process once it has been started.
Yes, you can cancel your divorce petition in New Jersey. However, it depends on the stage of the process that you are in and whether your spouse agrees. Both you and your spouse must be on the same page about halting the divorce process. Even if you were the one who filed, if your spouse decides they still want to continue with the dissolution of the marriage, there is nothing you can do to convince the court to throw the case out.
In addition, if the divorce decree has been issued, you cannot stop the process. At this point, the Final Judgment will have been signed and filed by the judge, meaning that the marriage has been officially dissolved. In this case, it is too late to cancel the petition. If you still want to be married, you will have to get a marriage license and remarry your spouse.
How Can I Cancel the Divorce Petition?
If you and your spouse have reconciled and decided that you wish to remain married, you can stop the divorce process in a few different ways. If your spouse has not filed an official response yet, you can simply stop taking steps in the process. If neither of you takes any action to proceed with the case, it will eventually be dismissed.
Otherwise, you can recruit the help of your attorney to file a withdrawal of the petition or a Motion to Dismiss. Generally, a court will approve a request to dismiss a divorce case if it is filed before the final judgment is issued. To learn more, reach out to a skilled family law attorney today.
