When married couples separate, a spouse completes the necessary legal documents that precede the divorce. In many states, the waiting time between when documents are filed and when a divorce is granted varies from several weeks to a full year. While waiting, couples sometimes decide to reconcile. To stay married, the spouse who completed the divorce papers, known as the applicant, must complete a petition to have the papers collected. Divorce can be terminated until before the judge declares the marriage annulled. Collect your documents when you are sure you want to stay married.
Steps
Step 1. Make sure both parties want to withdraw their divorce petition
The spouse who initially filled out the documents is the only one who can fill out a petition to have them collected. The other party cannot do it. Revoking the request if one party is still unsure about the marriage only wastes time and money. Talk honestly and openly with your spouse and make sure you both want to keep the marriage intact.
Step 2. Avoid answering the divorce request
If you are the party who received the documents from your husband or wife (the defendant), do not fill in the response. Avoid filling out any legal documents and wait for notice of revocation of order or petition for withdrawal. If the defendant has filed a petition in response to the divorce papers, it will be thrown away with the entire case when the initial paperwork is withdrawn.
Step 3. Identify the court clerk responsible for handling your case
The family court where you sent the divorce papers will initially assign an employee to your case. Contact them for the right documents and procedures to revoke the request. If there is no specific documentation, the clerk can tell you or your lawyer how to prepare a letter asking for a petition to file the case.
Step 4. Fill out the case documentation
If the court clerk gives you a form, complete it or ask your lawyer to do so. Make sure you follow all instructions, make sure it is complete and, if necessary, authenticate it in the presence of witnesses.
Step 5. Submit a petition to close the case
Use the letter of the request for archival purposes to cancel the procedure. Make sure it includes your name, spouse's name, and case number. Deliver the signed and dated documents to court with your identification, and give them to the clerk. In some courts there may be a fee associated with delivery. The court will then take care of notifying the spouse that the divorce papers have been withdrawn.
Step 6. Close the divorce case
If you and your spouse have hired lawyers, make sure each of you contacts them to close the case. This will save you from spending extra time on it and avoid major legal bills.
Advice
- Consider marriage counseling. When you and your spouse decided to cancel the divorce and stay married, you probably wanted to start over. Consider using reliable resources like counseling to make the marriage stronger.
- Perhaps it is a good idea to consult a lawyer, even if you did not do so when filing the divorce papers. The rules of law and family courts are different in each state. It is a good idea to speak to a divorce and family law attorney if your divorce proceedings are already underway and you would like to stop.
