You must appear in person on your scheduled court date to request that your family offense petition be withdrawn. The judge, support magistrate, or referee has the discretion to grant or deny this request. Note: If you are submitting this request by mail or by fax, then it must be notarized.
If you're the Petitioner If you are the spouse who filed the divorce papers, you can stop the divorce process at any time before your spouse responds with a Counterpetition (once they respond, you will need to both agree to stop the divorce process).
The judge can grant a divorce while some issues are still in dispute, so the amount of time to change your mind is until the judge grants the divorce. Once the divorce order is entered, the divorce is finalized. The court cannot generally go back and un-grant the divorce because a spouse changes their mind.
A Notice of Withdrawal is a legal document used to formally withdraw or dismiss a previously filed document or action in a legal proceeding. In the context of a divorce application, filing a Notice of Withdrawal would typically mean that one party is formally withdrawing their application for divorce.
On the other hand, if a complaint has been officially served as part of the divorce proceedings, and the defendant has served a response, then the divorce will only be able to be withdrawn through a stipulation signed from both parties and/or a court order.
Yes, a divorce in New York can be vacated under certain circumstances. It can be vacated with proof of no notice, fraud, etc, A motion needs to be filed with the Supreme Court within a year of the granting of the divorce decree requesting an Order to vacate the divorce.
If you no longer want to continue with your custody and visitation case, you can file a motion asking the judge to dismiss it. However, if the other parent has already come to court or filed legal papers in the case, both you and the other parent must sign the motion for dismissal.
You must appear in person on your scheduled court date to request that your family offense petition be withdrawn. The judge, support magistrate, or referee has the discretion to grant or deny this request. Note: If you are submitting this request by mail or by fax, then it must be notarized.
Thank you; so the court generally allows a petition to be withdrawn by filing a motion to dismiss/withdraw if the other party has not yet filed a response. If they have then the court will allow the responding party to file an objection. They may wish to proceed with the case.
You must appear in person on your scheduled court date to request that your family offense petition be withdrawn. The judge, support magistrate, or referee has the discretion to grant or deny this request. Note: If you are submitting this request by mail or by fax, then it must be notarized.