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Can A Divorce Petition be Withdrawn

Filing a divorce petition may signify that the couple has made their final decisions and wish to terminate their marriage. However, there have been many instances when couples reconcile after filing a divorce petition. And in these cases, their main question now is if it is possible to withdraw or cancel their divorce case.

Is it possible to withdraw a divorce petition?

This is allowed under law and is in fact encouraged. In some states, the courts order a waiting period between the filing of a divorce petition and the finalization of the petition. This is to give time for a possible reconciliation between the parties. 

In other jurisdictions where there is no waiting time, a divorce petition may still be withdrawn anytime before the judge issues a final decree. This means that you may petition the court to withdraw your divorce request by filing a motion to dismiss. 

Is withdrawing your petition the best thing to do?

Although the law does encourage reconciliation between the couples and allow the withdrawal of a divorce petition, there are other actions that the parties may take in case they reconsider after filing. 

It is advisable that the parties file a motion to hold the case in abeyance. To hold your divorce case in abeyance means that your case and your legal rights to property or claim is put on hold until certain matters are resolved. 

The main benefit of an abeyance order is that you are protected during the pause on your divorce case. For example, in instances where one spouse starts dissipating the marital estate, you can seek immediate relief from the court because of the presence of the automatic injunction. You don’t have this protection in a motion to withdraw. 

An abeyance order gives both parties the protection of the law and prevents one from using the legal system to harm the other. So it is more advisable than a complete withdrawal where both parties have the liberty to hide assets or dissipate marital funds. 

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Jessica
Lasky

Director of Criminal Litigation

Colorado Springs

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