How easily can my spouse withdraw her petition for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How easily can my spouse withdraw her petition for divorce?
It is nearing the end of the 90 days between the date the complaint was served and the filing of the affidavit of consent and waiver of notice. My spouse is now telling me she is going to withdraw her petition and that I will have to file. Can she do this and what are the steps involved?
Asked on August 8, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As with any complaint filed in this country's court system, if a plaintiff or petitioner wishes to "dismiss" the complaint or petition for divorce as in your case, they may do so with a filing of a "dismissal" in the file where the original pleadings is located.
All that is necessary is the preparing, signing, dating, serving and filing of a document by your spouse of a document "dismissing" her petition for dissolution with the court.
Perhaps she is having second thoughts with finalizing the divorce proceeding with you that she initially filed and if there is going to be a divorce between you two, you will need to file a petition for such.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As with any complaint filed in this country's court system, if a plaintiff or petitioner wishes to "dismiss" the complaint or petition for divorce as in your case, they may do so with a filing of a "dismissal" in the file where the original pleadings is located.
All that is necessary is the preparing, signing, dating, serving and filing of a document by your spouse of a document "dismissing" her petition for dissolution with the court.
Perhaps she is having second thoughts with finalizing the divorce proceeding with you that she initially filed and if there is going to be a divorce between you two, you will need to file a petition for such.
Good luck.
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.