How easily can my spouse withdraw her petition for divorce?

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How easily can my spouse withdraw her petition for divorce?

It is nearing the end of the 90 days between the date the complaint was served and the filing of the affidavit of consent and waiver of notice. My spouse is now telling me she is going to withdraw her petition and that I will have to file. Can she do this and what are the steps involved?

Asked on August 8, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As with any complaint filed in this country's court system, if a plaintiff or petitioner wishes to "dismiss" the complaint or petition for divorce as in your case, they may do so with a filing of a "dismissal"  in the file where the original pleadings is located.

All that is necessary is the preparing, signing, dating, serving and filing of a document by your spouse of a document "dismissing" her petition for dissolution with the court.

Perhaps she is having second thoughts with finalizing the divorce proceeding with you that she initially filed and if there is going to be a divorce between you two, you will need to file a petition for such.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As with any complaint filed in this country's court system, if a plaintiff or petitioner wishes to "dismiss" the complaint or petition for divorce as in your case, they may do so with a filing of a "dismissal"  in the file where the original pleadings is located.

All that is necessary is the preparing, signing, dating, serving and filing of a document by your spouse of a document "dismissing" her petition for dissolution with the court.

Perhaps she is having second thoughts with finalizing the divorce proceeding with you that she initially filed and if there is going to be a divorce between you two, you will need to file a petition for such.

Good luck.


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