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Motion to Dismiss and Response Forms



How to Dismiss a Divorce Petition

Once a divorce has been requested, most people may think the marriage is over. There are situations though where one or both parties determine they no longer wish to divorce. A motion to dismiss is filed when one party to a divorce files a request to stop the divorce from proceeding. If one party wishes to stop the proceeding, the judge determines the next step of the process. If both parties agreed to reconcile and give the marriage another try, in most cases, the judge will agree with the motion to dismiss. If the paperwork grants the request without prejudice, it means the case can be filed again. If the request is granted with prejudice, the entire process must start over.

The first step in this process is to file a motion for dismissal. This petition appears, in many ways, identical to the original divorce petition. Where the motion to dismiss sample differs is that the body of the motion contains the request to dismiss the original petition. If your spouse agrees to have the original motion dismissed, have him or her sign the paperwork to show the judge that both parties have agreed to file the motion. If your spouse has yet to respond or file an answer to the original motion, the dismissal will, in most cases, automatically take place. When you have filed a divorce petition and your spouse chose to counter-petition, the court won't approve a motion to dismiss unless both parties agree to it.

No matter what prompts the decision to withdraw the divorce petition, you must explain why it is you are requesting the petition be dismissed. Most forms ask the status of current proceedings and whether or not your spouse agrees. This is why you must have your spouse sign the paperwork if he or she agrees to dismiss. If not, send a copy of this motion via first class mail to the spouse. Verify that you did so on the form and file the motion with the clerk of the court.

Once this paperwork has been completed, a hearing date will be set. If your spouse hasn't responded to the petition or if he or she agrees with the request, most courts won't require a hearing. When a hearing is set, you must attend and explain to the court why it is you want to stop the divorce petition. If the judge agrees, an order will be issued which dismisses the divorce case.

If your spouse has yet to respond or file an answer to the original motion, the dismissal will, in most cases, automatically take place. When you have filed a divorce petition and your spouse chose to counter-petition, the court won't approve a motion to dismiss.

No matter what the situation is, you must explain why it is you are requesting the petition be dismissed. Most forms ask the status of current proceedings and whether or not your spouse agrees. This is why you must have your spouse sign the paperwork if he or she agrees to dismiss. If not, send a copy of this motion via first class mail to the spouse. Verify that you did so on the form and file the motion with the clerk of the court.

Once this paperwork has been completed, a hearing date will be set. If your spouse hasn't responded to the petition or if he or she agrees with the request, most courts won't require a hearing. When a hearing is set, you must attend and explain to the court why it is you want to stop the divorce petition. If the judge agrees, an order will be issued which dismisses the divorce case.

Laws vary by state, so a local attorney should be consulted if you have questions. Once a divorce petition is granted, the only way to undo it is to remarry. Avoid having to go through this if possible. File a motion to dismiss sample form and halt the process in its tracks if at all possible.