Can I Cancel a Divorce Petition After Filing in New Jersey?

When you file for divorce in New Jersey, the last thing you may anticipate is reconciling with your spouse. As such, you may be unsure of what to do, as you may no longer wish to file for divorce. If this is the case, it’s important to understand whether or not you can cancel your divorce, as well as why working with a Morris County divorce lawyer is in your best interest.

What Does the Divorce Process Entail?

Generally, in order to file for divorce in New Jersey, the first step is to ensure you meet the residency requirements to obtain a divorce in New Jersey. This generally requires either you or your spouse to have resided in the state for at least one year prior to filing. Once this requirement is met, one party will submit a formal Complaint for Divorce through the court. This party, officially known as the plaintiff, must then serve their spouse with a copy of this petition. Their spouse will officially become the defendant.

Your spouse will submit a response that either agrees with the relief you’ve sought as part of the divorce or disputes it. If they dispute your requests, this will be a contested divorce.

Is It Possible to Cancel a Divorce Petition?

In the event you are interested in canceling your divorce petition once it’s been filed, it’s imperative to understand first and foremost if this is possible. Once you’ve filed a divorce petition in New Jersey, it is possible to cancel it. However, this depends on the circumstances of where you are in the divorce process.

If your spouse has not yet filed a response to the initial petition, you can file a Request for Dismissal with the same court where you filed your initial divorce petition.

However, if your spouse has already responded, the process becomes slightly more complicated. This is because you’ll need their consent to stop the divorce from occurring. If they agree to halt the divorce, you may then proceed with a Request for Dismissal with both of your signatures. If they do not consent, you may still file the request, but it may require a court hearing.

You should note, however, that if the court has already issued a final judgment, you will be unable to have your case dismissed, even if you and your spouse agree. Instead, you’ll need to remarry, which entails obtaining a new marriage license.

As you can see, navigating the process of canceling a divorce can be incredibly difficult, which is why it is in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn. Our experienced legal team understands how complicated these matters can be, which is why we will do everything in our power to help you fight for the best outcome. Contact us today to learn more.