In New Jersey, when one spouse wants to initiate divorce proceedings to dissolve their marriage, they are required to file a petition or Complaint for Divorce. The Complaint outlines the details of the marriage, personal information of each spouse, and formally requests that a court grant a divorce. But what happens if, after filing, you decide that you want to work things out? If you have filed a divorce petition but want to cancel and stop the process, it is imperative that you understand your legal rights and options. Continue reading for more information and consult with a knowledgeable Bergen County divorce lawyer to discuss your situation with a skilled legal professional.
How Can I Cancel My Divorce Petition in NJ?
If you have filed for divorce but want to reconcile with your spouse, it is important that you act quickly to dismiss the case. The process for canceling a divorce petition is not overly complex, but it varies depending on the stage of the divorce process you are in and whether both spouses are in agreement about the next steps. Consider the following.
- Before your spouse responds: An individual who has been served divorce papers in New Jersey has 35 days to issue a response or contest the terms of the documents. If your spouse has not yet issued a formal response or counterclaim, you can typically withdraw the petition with ease by requesting the court dismiss the case through a Notice of Voluntary Dismissal.
- After your spouse responds: If your spouse has already filed a formal response, however, the process is slightly different. In this case, both you and your spouse must agree to halt the divorce process. You will both be required to sign a Stipulation of Dismissal, which proves to the court that you both want to remain married.
- If only one spouse wants to cancel: If your spouse has responded to the complaint and you want to cancel the petition, but they do not, the divorce will proceed. Once a response has been filed, there is no way to dismiss the case without approval from both parties.
If you are having second thoughts about getting divorced, it is important to understand the different requirements for canceling the petition and stopping the process.
What if the Divorce Has Been Finalized?
If the judge has already issued the final divorce decree, there is no way to stop the process. The marriage has already been dissolved in the eyes of the court, and there is no way to reverse the decision. If you and your spouse want to remain married, you will have to get a new marriage license and get legally married all over again.
For more information and to obtain skilled legal advice during your divorce, contact an attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
