When you and your spouse tie the knot, the last thing you anticipate is filing for divorce. Unfortunately, if your marriage is no longer working, this may be the only option. However, after lengthy discussions with your spouse, you may find that you have made amends and wish to remain married. As such, you may wonder if it’s possible to cancel the divorce petition you have previously filed. If this reflects your circumstances, the following blog explores what you should know about these complex matters, including the importance of working with St. Louis County divorce lawyers to help you navigate this difficult process.
What Happens After I File My Divorce Petition?
Once you formally file your divorce petition with the county court, you officially become the petitioner in your case. As such, you must have your spouse, known as the respondent, served with a copy of the petition, as well as a summons. This essentially informs them of when and how they must respond to your petition.
If your spouse agrees with the terms and conditions you seek for the outcome of your divorce, known as relief, they can issue a response that does not contest what you have requested. This is known as an uncontested divorce.
However, if your spouse does not agree with any or all of the matters you have requested, like alimony, child custody, or property division, they can contest this when filing. Unlike an uncontested divorce, which can be finalized in as little as thirty days, a contested divorce can take much longer, as it requires you and your spouse to try to negotiate these terms. If you are unable to do so, a judge will take over the case.
Is It Possible to Cancel a Divorce Petition Once It’s Filed?
In general, it’s important to understand that once a petition has been filed, you are eligible to cancel it under certain circumstances. If your spouse has not been served or has not filed a response to the petition, you are generally able to rescind the filing. To do so, you must file a separate document with the court, known as a voluntary dismissal. If your spouse has already been served, you must serve them with a copy of this document.
However, if your spouse has already issued a response to the petition, you can’t cancel the divorce without their consent. As such, this requires both you and your spouse to sign the document. If your spouse does not consent to canceling the petition, you’ll be unable to have the filing canceled, and you must continue through the divorce.
You should also note that if the divorce decree is already finalized, meaning the judge has formally dissolved your marriage, you will be unable to undo this process. If you and your spouse reconcile and wish to remain married once the court has issued its decision, you must obtain a new marriage license.
At the Stobie Family Law Group, we understand how difficult these matters can be to navigate. That is why our firm will do everything possible to help you fight for the best possible outcome during these complex times. When you need help with your divorce, do not hesitate to connect with our compassionate and dedicated legal team.
