Skip to main content

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

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. If you filed a Praecipe with the Prothonotary then they have already withdrawn your divorce action so you will need to re-file a new Divorce Complaint in order to re-file.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. 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. 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.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics