I filed a divorce action then a praecipe for discontinuance. Can I refile that same divorce action? We now both want the divorce

Asked almost 2 years ago - Tobyhanna, PA

I filed a divorce action as plaintiff and my husband signed as the defendant. 3 weeks later I stopped the action by filing a 'praecipe for discontinuance' of the divorce . Now, after much discussion and honesty, we have decided to proceed with the divorce. Can I file to ignore the praecipe for discontinuance? Can I re-initiate the divorce action?

I/we need the advice of a family lawyer. We have no disputes over property, etc. We have no children. This is a straightforward consensual divorce.

Attorney answers (3)

  1. Michelle Lee Sommer


    Contributor Level 3


    Lawyers agree

    Answered . If you filed a Praecipe with the Prothonotary then they have already withdrawn your divorce action so you will need to re-file a new Divorce Complaint in order to re-file. Unfortunately his means new filing fees all over again. File for a 3301(c) divorce and start the process over again and wait the 90-days in order to finalize. If you have property to divide you should seek the advice of an attorney.

  2. Michael Kuldiner


    Contributor Level 14


    Lawyer agrees

    Answered . You can certainly refile a new action and proceed with a divorce by consent. Just make sure your settlement agreement is spelled out properly and consult with an attorney to be safe.

    Michael Kuldiner, Esq.
    Law Offices of Michael Kuldiner, P.C.
    T (215) 942-2100 | F (215) 942-9664
    Michael@phillyesq.com | www.phillyesquire.com

  3. Charles Anthony Rick

    Contributor Level 15

    Answered . I agree with both of my colleagues. You will need to re-file, but it sounds like since you have already agreed on the fact the divorce is ncessary, you should be able to wrap it up within 3-4 months. Unfortunately, you will need to pay filing fees again.

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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