How do we withdraw a pending divorce action?

UPDATED: Jun 9, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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