If I withdraw my petition for divorce, what happens regarding the counter petition in Florida?

If I want to stop the
divorce process by
withdrawing the petition
does the counter petition
also need to be withdrawn
or is it ten rendered void?

Asked on December 21, 2017 under Family Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No court-filed documents need to be withdrawn.
In order to stop the divorce, you and your spouse should sign and file with the court a Request for Dismissal which is a court form.  The appropriate boxes on the form should be checked to dismiss the entire action.  If it is dismissed WITH prejudice, this means the case cannot be reinstated.  If it is dismissed WITHOUT prejudice, this means the case can be reinstated in the future.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.