If you have filed for divorce but are now having second thoughts and want to remain married to your spouse, you may be panicking, wondering whether you can stop the process from continuing. In general, you can cancel your divorce petition after filing in Pennsylvania. However, it largely depends on where you are in the divorce process. To learn more and obtain skilled representation during your case, reach out to an experienced Montgomery County divorce lawyer today.
Can I Cancel My Divorce Petition After Filing in PA?
Yes, if you change your mind after filing for divorce, you can cancel the divorce petition. The ways in which you do this will vary depending on the details of the situation. It is generally simpler to withdraw the petition when your spouse has not issued a formal response, and it is early on in the process. However, there are ways to get the case dismissed even if you are further along in the proceedings.
How Can I Withdraw My Petition?
Rule 1920.17, outlined in Pennsylvania’s Rules of Civil Procedure, explains how an individual who has filed for divorce can withdraw the complaint. As the plaintiff, you can have the entire divorce case dismissed by taking one of the following actions.
- File a motion to dismiss the case with the court and serve it to the defendant (your spouse)
- File a praecipe which certifies that there are no equitable division of marital property or custody claims pending, that the defendant has not filed a counterclaim or a separate petition raising claims, and that neither party has established the grounds for divorce
A praecipe is a written request to the court to perform a certain action, in this case, to dismiss a divorce case. If you can prove that you have yet to ask the court to divide assets, determine custody, or set up financial support obligations, that the legal basis for the divorce has not been established, and that your spouse has not responded to the papers or issued a counterclaim, the case can be dismissed through a praecipe.
If your spouse has already responded, however, you will generally need their consent to dismiss the case, which is why a motion is required. If they agree they want to remain married, the judge will generally accept and dismiss the case. However, if they decide they want to continue the process, it can become more complex.
If you are attempting to cancel your divorce petition in Pennsylvania, it is imperative that you have a complete understanding of your legal rights and options. For more information and to secure skilled legal advice, contact a knowledgeable attorney at Cohen & Patel today.
