Getting divorced is a major life decision, so it is natural to have some reservations about going through with the process. It is possible to cancel a divorce petition after it has been filed, but the process depends on the stage that the divorce is in, among other factors. If you’re having second thoughts about following through with your divorce, continue reading for more information and reach out to an experienced Suffolk County divorce lawyer for skilled legal representation.
What is a Divorce Petition?
Divorce, the legal process that dissolves a marriage, is initiated in Michigan when one spouse files a petition, formally known as a Complaint for Divorce. Once the petition has been filed, it acts as a formal request to the court to terminate the legal relationship. The papers will be served to the other spouse, who will be asked to issue a formal response or counterclaim.
How Can I Cancel My Divorce Petition in MI?
It is possible to cancel or withdraw a divorce petition after filing in Michigan, but it depends on the stage of the proceedings you are in, as well as other circumstances of the situation. If the judge has not finalized the divorce by signing and issuing the final decree, you are generally permitted to cancel the petition. However, once it is finalized, the marriage is considered terminated, and it is generally impossible to revoke the decision.
If you file a divorce petition but have not yet served the papers to your spouse or they have not issued a formal response, you have the option to cancel or withdraw the petition without hassle. If your spouse has responded, you can still cancel the petition by filing a Motion to Dismiss. However, at this point, your spouse will also be required to sign off on the dismissal. If your spouse does not agree with your decision to cancel the petition and wants to proceed with the divorce, the court will continue the process. Without your spouse’s agreement, it is generally impossible to dismiss the case at this time.
What Happens if I Change My Mind?
If you change your mind and decide to withdraw your petition for divorce, you and your spouse will remain legally married with no changes. While the court may not get rid of the records of your filing, no further action will be taken toward the dissolution of the marriage.
If you later decide that you do want to get divorced, you will have to start the process over from the beginning. There is no chance of picking up where you left off.
If you are contemplating filing for divorce and have questions or concerns about the legal process or your options, reach out to a skilled attorney at Peter V. Mandi & Associates, Inc. today.
