![]() Additionally, you can be referred to as a petitioner or a counter-respondent. Once your spouse files a counter-petition, they can be referred to as a respondent and as a counter-petitioner. If your spouse has a counter-petition on file, this means that both of you have divorce petitions on file. What if my spouse entered a counter-petition? If your spouse has filed a divorce but decides not to show up for court, you can ask the judge to dismiss the divorce petition. ![]() Other ways your divorce case can be dismissed This reason must be “compelling,” and you must include and sign an affidavit explaining the reason. You can provide a really good reason why you believe the judge should dismiss your petition for divorce without your spouse’s permission.You can get this by having your spouse sign the petition. You can get the respondent’s (your spouse’s) permission for the motion to voluntarily dismiss.If you are trying to withdraw your petition for divorce after the trial or hearing has started, you will need to complete the steps above as well as one of the following additional requirements: Withdrawing your petition after the trial or hearing Learn more about dismissing without prejudice. Most likely, your divorce petition will be “dismissed without prejudice.” This means that you can file a divorce petition in the future again if you change your mind, but you will need to start the process from the beginning. ![]() You will also have to send copies of the Notice of Motion and Motion to Dismiss to your spouse and their lawyer. You will file the forms and get a court date. State in complete sentences the reason(s) you do not wish to proceed with the petition for divorce.List the date that you filed the petition.If you are the party who filed the petition for divorce, then you are the petitioner. List whether you are the petitioner or respondent.When you fill these forms out, you will need to: You will also need to fill out a Notice of Motion and notify your spouse and your spouse’s lawyer (if they have one) that you are withdrawing your petition. You will need to fill out a Motion to Dismiss. You cannot get back the costs of the petition you already filed, and you may be ordered to pay the costs of the respondent (your spouse). If you are the petitioner (you filed the case), you can withdraw your petition at any time before the trial or hearing starts. Withdrawing your petition before the trial or hearing A voluntary dismissal of a petition for divorce is also called a nonsuit of a Petition for Dissolution of Marriage. If you started a divorce case but have now changed your mind and want to ask that your case be dismissed, this article will help you do that.
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