For most couples, divorce is an extreme measure that should only be used when no other solution has worked. The decision to pursue divorce is quite serious and may not be reversible. But, you can still cancel your divorce petition if you have a change of heart. No matter your reason for having second thoughts, you need a charlotte family law attorney to help you stop your divorce from going forward.
The state of North Carolina is generous enough when it comes to the rights of a plaintiff to voluntarily dismiss a legal action. Also, getting divorced on a whim in the state is hard. Between the six-month state residency requirement and the required one-year separation period, couples have enough time to contemplate the relationship and reconsider their marriage before a spouse files a divorce petition.
When Can You Voluntarily Dismiss and Stop a Divorce?
You and your spouse can reconcile without any legal requirement during the one-year separation period requirement since no divorce action has been filed. Even if you have lived apart for a year, you can still withdraw your divorce request if you want to married. You can dismiss your case by filing a notice of dismissal at any time before you present your argument and turn over any evidence you may have.
Things to Keep in Mind on Voluntary Dismissal of a Divorce Case
Remember that just because you dismiss the divorce petition does not mean the proceedings are terminated altogether. Thus, if it’s only you who want to cancel the divorce action and stay married, you can withdraw any claims you have filed but it won’t affect any cross-petitions your souse might have. If you want to entire case to be voluntarily dismissed, you and your spouse should agree and present the motion for voluntary dismissal of all claims together.
Moreover, even if you file a voluntary dismissal of your case, you can still file for divorce later. But, you need to start from square one, depending on whether the dismissal is granted with or without prejudice.
How to Voluntarily Dismiss Your Divorce Case
To get started with your request for voluntary dismissal of your case you should file a motion for voluntary dismissal and file this motion with the North Carolina County court where you filed the divorce. You need to pay any court costs and fees incurred for the divorce action up to the date the motion is granted.
