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Can you stop a divorce once you have already file with the court?

Orlando, FL |

I have file papers for the hearing (no notice has been sent by Clerk of the court) but I want more time since this will change my life forever.

Attorney Answers 5


  1. If the other side has not filed a counter petition you can dismiss the action by filing a notice of voluntary dismissal.

    The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.


  2. You have the ability to file a Motion for Voluntary Dismissal of the case, or if the hearing has not actually been set yet, you can contact the judge's office and inform them that you want to put off scheduling a hearing for 30-60 more days. They should not have a problem with that assuming that the case has not been on their docket for too long.


  3. The firsr approach is simply to try to reschedule the hearing.

    You can also file a motion for continuance and ask the court to reschedule the hearing so that the parties have adequate time.

    Your last approach if all else fails is to dismiss the petition voluntarily.

    If I were in your shoes, I would schedule a consultation with a local attorney.

    Good luck!

    Richard J. Mockler <li><a href="http://www.familylawrights.com" rel="nofollow">Tampa Divorce Attorney</a></li> <li><a href="http://www.superlawyers.com/florida/lawyer/Richard-J-Mockler-III/9f3e82e7-95ae-482c-847d-9d85e3d032f3.html" rel="nofollow">Florida Super Lawyers Profile - Tampa Divorce Attorney</a></li> <li><a href="http://www.facebook.com/pages/Richard-J-Mockler-PA/63926372726" rel="nofollow">Become a Fan on Facebook</a></li> <li><a href="http://twitter.com/richard_mockler" rel="nofollow">Follow me on Twitter</a></li> <li><a href="http://familylawrights.blogspot.com/" rel="nofollow">Family Law Rights Blog</a></li> <li><a href="http://militarydivorcelaw.blogspot.com/" rel="nofollow">Tampa Military Divorce Blog</a></li> <li><a href="http://tampadivorcelawyer.blogspot.com/" rel="nofollow">Tampa Divorce Lawyer Blog</a></li> </ul> ***If this answer was helpful, please mark it as such and remember to select a “best answer.” ***This communication does not create an attorney-client relationship. I encourage everyone to consult an independent attorney regarding any legal matters.


  4. You can stop it. You need to file something like an abatement to stop it. If you file a dismissal, they will have their hand out for another $418.00 if you change back to wanting the divorce.


  5. Your options depend on what you want to do. If you need more time to prepare, you can file a Motion to Continue the Hearing. If you want some time to think about whether or not you actually want to go forward with your divorce, you can file a Notice of Voluntary Stay, which allow you some time to decide whether you want to dismiss your case or proceed with it. If you know for certain that you do not want to go through with your divorce, you can file a Notice of Voluntary Dismissal. However, if your Husband has filed a Counter-Petition, even if your dismiss your case, his case will not be dismissed and your divorce proceeding will continue based on your Husband's Counter-Petition and your Answer to same.

    I recommend you speak with an attorney who has experience in Family law and explain your options to you in more detail.

    Natascha Aabbott, Esq.
    The Aabbott Law Firm
    2719 Hollywood Blvd.
    Hollywood, FL 33020
    TEL. 954.320.0303
    FAX 954.347-3717
    EMAIL: info@247FloridaLawFirm.com

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