Getting divorced is one of the biggest decisions that a person can make, next to the decision to get married. Terminating a marriage is often the right thing to do, depending on the details of the relationship and the circumstances of the situation. However, some people second-guess their decision after they have already filed the paperwork. The good news is, you can cancel a divorce petition in New Jersey. Continue reading for more information on your legal options and work with a skilled Morris County, NJ divorce lawyer for experienced counsel.
Am I Allowed to Cancel a Divorce Petition in NJ?
Yes, you are allowed to cancel a divorce petition in New Jersey. Filing for divorce does not mean that your marriage is officially over, and many people do decide to reconcile and work through their problems.
It takes, at a minimum, several weeks or months for a divorce to be finalized in New Jersey. If you decide during that time that your relationship is worth saving and that you do not want to go through with the divorce, you can inform the court with the help of your lawyer. The process may seem complex, so it is recommended to secure skilled legal counsel during this time.
How Can I Stop the Divorce Process?
The way you can cancel your divorce request varies depending on what part of the legal process you are in, among other things. If you have filed for divorce but your spouse has not issued a formal response or counterclaim, it is simple to halt the process. File a Notice of Voluntary Dismissal with the court that acts as your request to withdraw the petition. Because your spouse hasn’t answered, the case has not officially begun, and it is generally easy to cancel the petition.
If your spouse has already filed a response, however, both of you must agree to dismiss the case. You can sign and file a Stipulation of Dismissal, informing the court that you want to remain married and requesting that they dismiss the case. However, both spouses must sign this document and be in agreement that they want to remain married. If you want to cancel the petition but your spouse still wants to get divorced, the case will proceed.
What if the Divorce Has Been Finalized?
Once the divorce has been finalized, the marriage has officially been dissolved. At this point, the judge has signed and issued the final divorce decree outlining how all relevant topics will be handled, including property division, alimony, child support, and more.
If the divorce has been finalized, you cannot cancel the petition or request that the case be dismissed. It is too late, and in the eyes of the law, you are no longer married. If you want to retain your marital status, you must remarry your spouse.
To learn more and obtain legal representation during your case, reach out to a skilled lawyer at Townsend, Tomaio & Newmark today.
