How to revoke divorce papers

Author: Bobbie Johnson
Date Of Creation: 3 April 2021
Update Date: 26 June 2024
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I Was Served! How To Respond To Divorce Papers
Video: I Was Served! How To Respond To Divorce Papers

Content

When married couples disperse, one of them submits the previous documents to the court. In many states, the waiting period between filing documents and obtaining a divorce ranges from several weeks to a year. During this period, some couples may resolve the issue on their own. In order not to end the marriage, the spouse who is filing the lawsuit, called the petitioner, must file a petition to revoke the documents. The divorce process can be stopped completely, only until the judge announces the divorce. Withdraw the divorce papers if you want to keep the union.

Steps

  1. 1 Make sure both parties want to pick up the divorce petition. The spouse who submitted the application is the only one who can take these papers back. The other party is not authorized to make such a request. Revoking divorce papers if one party is not completely sure of their desire is a waste of time and money. Talk to your spouse honestly and openly to make sure you both want to keep the marriage together.
  2. 2 Do not respond to your divorce petition. If you, the party who received the divorce papers from your husband or wife (the respondent), do not file the response. Do not submit any paperwork and await a revocation order or filed revocation petition. If the defendant has already registered the petition, it will be thrown away with the divorce case once the initial registration is withdrawn.
  3. 3 Identify the court clerk who is authorized to handle your case. The family court where you originally filed your divorce papers will appoint a clerk to handle your case. Contact an attorney for proper paperwork and procedures for removing divorce papers. If there are no specific forms, the clerk can explain to you and your attorney how to write a letter to reject the application.
  4. 4 Complete the relevant paperwork. If the court clerk has provided you with a form, fill it out or give it to your attorney. Be sure to follow all instructions and fill it out in full and, if necessary, notarized or in front of witnesses.
  5. 5 Submit a petition for rejection. Use your letter of solicitation or ship's form to register offers. Make sure to include your last name, your spouse's last name, and case number. Bring the signed and dated documents to the court, with your identification, and give it to the clerk. Some local courts tie the fee to registration. The court will then send a notice to your spouse that the divorce papers will be revoked.
  6. 6 Close your divorce case. If you and your spouse have hired attorneys, make sure both of you contact attorneys to close the case. This way, you can avoid wasting time on litigation and paying large legal fees.

Tips

  • Consider a marriage recommendation. When you and your spouse decide to revoke the divorce papers and save the marriage, you will probably want to start over from scratch. Consider using available resources, such as advice on strengthening your marriage.
  • Check with a lawyer, even if you did not use his services when submitting the initial documents. The laws and regulations of the family courts vary from state to state. If your divorce is already underway and you want to revoke it, it is best to speak with an attorney who specializes in family law and divorce.

What do you need

  • Divorce papers
  • Court clerk
  • Case number
  • Cancellation petition