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

UPDATED: Oct 1, 2022

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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also need to be withdrawn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 4 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No court-filed documents need to be withdrawn.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.

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