The decision to get divorced is a major one, so it is important not to rush the decision. If you filed for divorce but decide that you want to cancel the petition, it is crucial that you understand your legal rights and options. Continue reading for more information and work with a skilled Middlesex County divorce attorney during your case.
Can I Cancel My Divorce Petition After I Have Filed?
Yes, even if you have filed for divorce, you are permitted to cancel your petition. Massachusetts law allows a spouse to withdraw the request for a divorce before a final judgment is issued.
If a relationship has deteriorated to the point that one spouse actually initiated the divorce process, it may seem unimaginable that they would change their minds. However, it is not that unusual. Divorce is a big deal, and couples often reconcile and decide to stay married. One or both spouses may feel that the decision to divorce was made in haste or under emotional distress, and even the act of filing could have been a motivator to figure out their differences.
Many couples also choose to remain married for personal reasons like the well-being of their children, financial stability, or religious or cultural reasons.
How Can I Cancel My Divorce Petition in MA?
The process of canceling your divorce petition will vary depending on the specific circumstances of the situation and where you are in the divorce process. If the divorce was filed as a joint petition, meaning a no-fault 1A divorce, both spouses must agree to cancel. They must both sign an agreement to withdraw the petition. If one spouse wants to cancel but one wants to proceed with the petition, the case cannot be withdrawn as one party does not consent.
If the divorce was filed as a contested 1B petition, an individual’s ability to cancel depends on whether the other spouse has responded. If no response has been filed, the spouse who filed the divorce petition can submit a Notice of Dismissal or motion to withdraw the divorce complaint. This will generally be approved, unless the case has advanced significantly through the process. If the other spouse has responded, however, it is more likely that both parties must agree to stop the process. If one spouse does not agree, the case may proceed.
What if I Want to Re-File for Divorce Later?
Canceling your divorce petition does not prevent you from filing again in the future. However, it is important to keep in mind that you will have to start the process all over again with new paperwork, additional filing fees, and a whole new court schedule and timeline.
A skilled family law attorney can help you determine whether canceling your petition is the right decision for you. Reach out to a knowledgeable lawyer at Mark Liam Gannon, Attorney at Law, today.
