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Last year my husband's lawyer served me divorce papers. I didn't sign, we decided not to divorce. Do we need to rescind?

Fort Lauderdale, FL |

My husband told the lawyer we were not proceeding with the divorce so do we need to also offically rescind? Is it still pending if we didn't? I don't believe it ever got filed with the courts.

Attorney Answers 5


  1. You should be able to easily check the status of the case online or call to be sure it is withdrawn or dismissed. His lawyer should have sent him a copy of the last order.

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  2. I agree with the advice of my colleague. Essentially, check the official records.

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  3. If it was never filed there is nothing to "recind" and the proper legal term is dismiss. If it was filed and not served within 120 days from the date of filing, then it is subject to dismissal by the court. If it were to be dismissed by the court due to lack of going forward the petitioner, the person who filed it, would be notified by mail.


  4. You can search the clerk's office online in your county to see if the case was ever filed and, if it was, whether it has been dismissed by now. If the case is still pending, your husband should file a Notice of Voluntary Dismissal and a Disposition Sheet (or ask his lawyer to do it). Congratulations on staying together, by the way. We divorce lawyers don't see that often enough.

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  5. If your husband served you with the pleadings then your case will eventually come up for a case management. The court will examine if there has been activity on this case. If there has not it will eventually be dismissed for lack of prosecution. If your husband dismisses the action then he will lose the filing fees he has paid as well as the retainer he paid the lawyer. That is a small price to pay to avoid the high cost of dissolution of marriage financially or emotionally. Aside from that , you two would do well to explore why your husband felt compelled to file in the first place. There are some wonderul weekend encounter groups that will help you to avoid ever finding yourself in this position again. Call me at 954 522 1922 and I will be glad to share those programs with you. I wrote a course entitled No Harm Divorce and can put you in touch with teachers who can help you learn tools which will benefit the two of you as a couple.

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