How to Stop a Divorce After Papers Are Filed

How to stop a divorce in the early stages

To stop a divorce in its early stages, assuming you are the one who filed, simply take no further action on your case. If you don't serve your spouse or move the case forward, the court will eventually dismiss it. 

Here's what this looks like at each stage.

• Before service: State law likely requires that, upon filing your petition, it be served to your spouse. This is known as due process. If you want to stop your proceedings, you do not have to follow through with due process, and the court will eventually dismiss your case.
• After service: If neither you nor your spouse takes action, the court will also dismiss the case. However, once served, your spouse can choose to proceed with the divorce process even if you've changed your mind.

How to stop a divorce in the later stages

The best way to stop a divorce after the papers have been filed is to voluntarily withdraw your case by notifying the court.

The basic steps include obtaining the dismissal form from the courthouse, completing and filing the form, and serving your spouse with a copy (if required)

Here's a closer look at the process.

1. Obtain the proper form

Obtain the proper form from the courthouse where you originally filed your petition. The court clerk can give you the right forms to fill out.

2. Complete the document

Complete the required form. In most states, this is a simple one-page document that states you are voluntarily dismissing or withdrawing your own case. You do not need to provide an explanation to the court for why you are doing so.

3. File the form with the court

Upon completing the form, you must file it with the court. The clerk will return a copy for your records as well as one to serve on your husband or wife.

4. Serve your spouse

If your state requires your spouse to be served, you must serve them with a copy of your dismissal. Some courts will mail it for you, but others may require you to either give it to them yourself, use a process server, or mail a copy by certified mail.

5. Consult a divorce attorney

If you're concerned about how far along you are in the divorce process, it's recommended to get legal guidance from a divorce attorney. Even with a quick consultation, a lawyer could advise you on any potential steps you need for your state.

If you're having second thoughts, you might still be able to stop the process. Consider speaking with your spouse about reversing course together—and consult a divorce attorney if you're unsure of your next steps.