After filing for divorce in New York, couples may reconsider, especially if they believe reconciliation is possible. It’s important to understand whether a divorce petition can be withdrawn and to recognize the benefits of retaining an experienced Suffolk County Divorce Attorney.
What Does the Divorce Process Entail?
Navigating the dissolution of your marriage in New York requires a thorough understanding of the legal process to ensure a smooth transition. To initiate the divorce proceedings, you will need to satisfy the state’s residency requirements.
The process officially commences when one spouse, known as the “plaintiff,” files a Summons with Notice or a Summons and Complaint with the County Clerk’s office in the appropriate court. Once filed, the defendant must be served in accordance with legal rules to ensure they are properly notified of the divorce action. After the defendant is served, the defendant has a limited timeframe to file a response.
New York is a no-fault divorce state, which means a couple can pursue a divorce without proving fault or misconduct by either party. Nevertheless, the state recognizes several “fault-based” grounds. If a divorce is contested, the court will need to decide on several critical issues. This is not necessary if all matters are agreed upon.
When Can a Divorce be Withdrawn in NY?
If you are considering withdrawing your divorce petition, it’s crucial to first ascertain if this is possible. While a filed divorce petition can be canceled, the specific withdrawal process depends on the current stage of your divorce case.
In the initial phases of divorce proceedings, the plaintiff may unilaterally discontinue the case by filing a Notice of Discontinuance, provided the spouse has not yet responded to the divorce petition. Once your spouse has responded to the petition, you will need their consent to stop the process.
When your spouse’s agreement is required, both parties must sign a Stipulation of Discontinuance. This legal document states the parties’ decision to stop the divorce process. To formally withdraw the divorce petition, you will need to file the signed stipulation with the court.
It should be noted that you are only permitted to withdraw your divorce petition if a final judgment has not yet been issued. In this case, remarriage would be necessary. If your spouse refused to sign the stipulation, you can enlist the help of an attorney who can file a motion with the court requesting permission to withdraw the case, detailing the reasons for the request.
Although the divorce process can be complex, understanding each stage can help you make informed decisions. At The Law Offices of Susan A. Kassel, P.C., we are prepared to advise you on your rights and options. Connect with our firm today to schedule a consultation.
