What would happen if I dropped the case to pursue a divorce but my wife may want to continue?

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What would happen if I dropped the case to pursue a divorce but my wife may want to continue?

If a divorce was filed in a county and state where we previously lived. Now I have changed my mind and don’t want to pursue the divorce any longer, however my wife may want to continue with the divorce. What would happen if I dropped the case?  Please consider that she has moved to another state. If she pursued the divorce, would she become the plaintiff and have to file in another state or would the case continue in the previous county and state where we lived together?

Asked on June 17, 2012 under Family Law, Georgia

Answers:

Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

It will depend on what documents were filed by your wife. After a complaint was filed by you, she had the right to file either an answer or an answer and counterclaim. A counterclaim seeks her own divorce for her own reasons. If she filed a counterclaim, her counterclaim will continue even if you dismiss your complaint.

If she did not file a counterclaim, once you withdraw your divorce the case is over.


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