Once divorce papers are officially served, this doesn’t mean the divorce proceedings must go on. Let’s take a look at how you can cancel or stop a divorce process below.
How To Stop A Divorce After Filing
During the early stages of a divorce, it can be quite simple to ultimately stop the proceedings. The early stages consist of the time after the petition was filed but before it was served to your spouse. Even after the petition has been served, the couple has the right to not go forward with the divorce, essentially ending the process before it has even begun.
In most cases, the state will require the petition to be served to your spouse once it’s been filed. This is referred to as due process, but in the event you wish to stop the proceedings, you will not have to follow through with due process. The court will most likely dismiss your case.
You can still stop the divorce process if your spouse who has been served doesn’t want to pursue this legal avenue. If neither spouse does anything to move the case forward, the court will dismiss your case.
How To Stop A Divorce In The Later Stages
The best way to cancel a divorce once the papers have been filed is to tell the court that both parties are voluntarily withdrawing the case. The case will not proceed any further, at this point.
Fill Out The Proper Form
Your first step is to obtain the proper form from the same courthouse where the petition was filed. Once you have the form, you will fill it out completely. Most states feature a one-page document in which you state you are voluntarily withdrawing or dismissing your case. The court needs no explanation for why you are choosing to go this route.
File The Form With The Court
File the document with the court upon completion. The clerk will then a return a copy for your personal records as well as another copy to serve on your wife or husband.
Serve Your Spouse
You must serve your spouse a copy of the dismissal if this is a requirement in your state. Either the courts will mail it for you, you deliver it yourself, or use a process server for this task.
Contact An Experienced Divorce Attorney
If you have any questions about the divorce process in Arizona, the High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix.
Source: “How To Stop A Divorce After The Papers Have Been Filed” Legal Zoom https://www.legalzoom.com/articles/how-to-stop-divorce-after-papers-have-been-filed
Need an Affordable Divorce lawyer in Scottsdale?
Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.
