Second Thoughts? Dismissal May Be Permitted Based On How Far The Divorce Case Is Along
The answer to this question likely depends on how far along your divorce case has progressed, as well as the reason to dismiss it. The earlier in the preceding you decide, the more likely the answer will be “yes”.
- Withdrawal of Complaint: If you have just filed the complaint for divorce and no answer has been filed by your spouse, you may dismiss your complaint without permission of the Court. No problem!
- Dismissal After Your Spouse Has Filed an Answer/Counterclaim: At this point both parties have requested a divorce. Even though you had initiated the case, you do not have the option of dropping the whole case. If you dismissed your complaint, your spouse could proceed with his/her request for a divorce. The simple solution is for both sides to file a joint agreed upon dismissal entry signed by all parties and the lawyers. The Court would allow that as long as all Court costs have been paid.
- Dismissal After Trial (But before a Decision). So, this point would arise very far down the pike. Most divorce cases typically take the better part of