What Should I Do if I Want to Cancel My Divorce Petition in New Jersey?

If you have a change of heart after filing for divorce and decide that you want to remain married, it is important that you understand your various legal rights and options. Filing for divorce doesn’t inherently mean that the marriage will be dissolved. Spouses often change their minds and try to reconcile. If you want to cancel your divorce petition, continue reading for more information and speak with a knowledgeable Morristown divorce attorney to secure skilled representation during your case.

What is a Divorce Petition?

A divorce petition, more commonly referred to as a divorce complaint in New Jersey, is a legal document that one spouse files with the court when they want to initiate divorce proceedings. The document acts as a formal request that the court terminate the marital relationship.

The divorce petition must be served to the other spouse to inform them of the filing spouse’s intention to dissolve the marriage. However, you could withdraw the petition under certain circumstances.

What Should I Do if I Want to Cancel My Divorce Petition in NJ?

The steps you take to cancel your divorce petition will vary depending on where you are in the divorce process. If you have filed the petition but it hasn’t been served to your spouse yet, or they have not issued a formal response, canceling it is generally a simple process. In this case, file a Notice of Dismissal with the court. The notice acts as a formal request stating that you no longer want to pursue the divorce.

If you have already served your spouse with the divorce papers and they have responded, however, the process becomes slightly more complex. The case has officially started, and the court may have already scheduled hearings or other proceedings. In this case, you can file a Stipulation of Dismissal. This motion informs the court that both you and your spouse want to stop the divorce proceedings and remain married. Given that both parties consent, the court will generally grant the request to dismiss the case. However, if your spouse decides that they want to proceed with the divorce, then there is nothing you can do to withdraw the petition.

What if My Divorce Was Already Finalized?

Unfortunately, if your divorce was already finalized, there is nothing you can do at this point to cancel the petition or have the case dismissed. Once the judge signs and issues the final decree, the marriage is considered dissolved. If you and your spouse want to continue living together as a married couple, you will have to get remarried with a new marriage license.

If you want to cancel your divorce petition, it is crucial that you fully understand your legal rights and options. Work with an experienced attorney at Lazor Rantas, PC to secure skilled representation and ensure that you are exploring every available path.