How do we withdraw a pending divorce action?

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How do we withdraw a pending divorce action?

My husband and I would like to reconcile our marriage however we have a current divorce pending. What we need to do so that the court knows?

Asked on June 9, 2011 under Family Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have attorneys representing you or one attorney jointly representing you, you need counsel to file a motion in court asking for a dismissal of the case. If you are pro se (neither of you have attorneys), you should jointly file this motion.  Every state is different in what it requires but many states do offer sample forms and simplified filing and notice requirements.  Further, there may even be a method to speed this through the process quicker since both parties wish to dismiss the matter. Some courts offer telephonic appearances and although they are usually for status conferences or minor motions, perhaps one could be offered for this matter.


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