I filed divorce paper work with the courts and now i want to work it out with my husband to stay married, can i cancel the file

Asked about 5 years ago - Chula Vista, CA

can anyone help?i filed divorce paper work with the courts and now i want to work it out with my husband to stay married, can i cancel the file

Attorney answers (4)

  1. Zephyr Savoy Hill

    Contributor Level 14

    Answered . Yes you can. You may rather simply keep it on hold and make sure things work out. If you dismiss your action and then need to file again, you will be charged the filing fee again. I know you want to think positive, but...

    Good luck!

  2. Jonathan H Levy

    Contributor Level 20

    Answered . Exactly so, just have the Petition dismissed becuase you have reconciled. If your husabnd has been served already, jointly request a dismissal. This happens all the time, so the Court is equipped to handle it.

  3. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . Actually, unless your husband has already filed his "Response" with the court, his signature isn't even needed to dismiss the case; all you would need to do is prepare, sign, and file a "Request for Dismissal".

    BUT....as one of the prior answers noted, if you ATTEMPT a reconciliation, dismiss the case, and then the reconciliation is unsuccessful, you'll have to start all over again, and pay a new filing fee.

    If you've only just now filed the Petition, and haven't taken any more steps, the court will NOT automatically finish the divorce process, and you won't wake up one day to find yourself divorced, even though you didn't want it to happen. Each step of the process requires action from you, so if you and your husband simply do nothing with the file, the court clerk will simply leave the file open for a number of years. If, during that time, the reconciliation doesn't work out, you can simply file an "amended" Petition, under the old case number, and "start the case up" again. If you don't, after a certain time (maximum five years; in some counties, considerably fewer) anfd NOTHING happens with the case file, the court will eventually dismiss the case automatically.

  4. Ronald Anthony Sarno

    Contributor Level 20

    Answered . You can withdraw the petition for divorce. Ask the court what you need to do to make it official.
    Good luck to you and your husband.

    You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.
    You might find my legal guide on the understanding the different court systems helpful.
    You might find my legal guide on legal terms used in litigation helpful.
    (Even if you are not filing a lawsuit this information can be useful).



    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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