Motion to Dismiss and Response Forms - Motion Dismiss Letter

How to Dismiss a Divorce Petition Motion Dismiss Template

Once a divorce has been requested, most people may think the marriage is over. There are situations though where one or both parties determine they no longer wish to divorce. A motion to dismiss is filed when one party to a divorce files a request to stop the divorce from proceeding. If one party wishes to stop the proceeding, the judge determines the next step of the process. If both parties agreed to reconcile and give the marriage another try, in most cases, the judge will agree with the motion to dismiss. If the paperwork grants the request without prejudice, it means the case can be filed again. If the request is granted with prejudice, the entire process must start over.

The first step in this process is to file a motion for dismissal. This petition appears, in many ways, identical to the original divorce petition. Where the motion to dismiss sample differs is that the body of the motion contains the request to dismiss the original petition. If your spouse agrees to have the original motion dismissed, have him or her sign the paperwork to show the judge that both parties have agreed to file the motion. If your spouse has yet to respond or file an answer to the original motion, the dismissal will, in most cases, automatically take place. When you have filed a divorce petition and your spouse chose to counter-petition, the court won't approve a motion to dismiss unless both parties agree to it.

No matter what prompts the decision to withdraw the divorce petition, you must explain why it is you are requesting the petition be dismissed. Most forms ask the status of current proceedings and whether or not your spouse agrees. This is why you must have your spouse sign the paperwork if he or she agrees to dismiss. If not, send a copy of this motion via first class mail to the spouse. Verify that you did so on the form and file the motion with the clerk of the court.

Once this paperwork has been completed, a hearing date will be set. If your spouse hasn't responded to the petition or if he or she agrees with the request, most courts won't require a hearing. When a hearing is set, you must attend and explain to the court why it is you want to stop the divorce petition. If the judge agrees, an order will be issued which dismisses the divorce case.

If your spouse has yet to respond or file an answer to the original motion, the dismissal will, in most cases, automatically take place. When you have filed a divorce petition and your spouse chose to counter-petition, the court won't approve a motion to dismiss.

No matter what the situation is, you must explain why it is you are requesting the petition be dismissed. Most forms ask the status of current proceedings and whether or not your spouse agrees. This is why you must have your spouse sign the paperwork if he or she agrees to dismiss. If not, send a copy of this motion via first class mail to the spouse. Verify that you did so on the form and file the motion with the clerk of the court.

Laws vary by state, so a local attorney should be consulted if you have questions. Once a divorce petition is granted, the only way to undo it is to remarry. Avoid having to go through this if possible. File a motion to dismiss sample form and halt the process in its tracks if at all possible.

Tips for Preparing Motion to Dismiss and Response Forms

Make sure that you’re entirely ready to start divorce process. Divorce is a very complicated process from an emotional, legal, and financial standpoint for all parties involved. Parting ways with your partner might be a short-sight choice to start new chapter in your life. Before preparing Motion to Dismiss and Response Forms and initiating the divorce process, review all the alternative choices. Talk to a marriage consultant or try therapy. Take as much time as you need to make the most rational decisions.
Put together Motion to Dismiss and Response Forms and other essential paperwork to terminate your marriage. Whether you start divorce yourself or with an attorney’s assistance, getting all your paper collected and arranged will pave the way for success. Ensure that you don’t leave out important papers. If you decide to a do it yourself divorce, you can use US Legal Forms as expert virtual forms supplier and locate all the needed files to set off the procedure.
Try to achieve a preliminary arrangement with your spouse. It gets even more crucial if children are concerned. Try and find common ground on child custody and visitation. Plan in advance how you will break the news about split-up to your kids in a much less detrimental way as possible. Discuss with your spouse the assets you’re ready to split, give up, and get. This way, you get a chance to file for an uncontested marriage dissolution and make the entire process less distressing for everyone involved.
Educate yourself about the nuances of moving forward with dissolution of marriage in the state of your choice. Each state has its own authority regarding who, when, and how|and just how someone can go about getting dissolution of marriage. You can select a state to file for divorce, but you need to think about a range of things concerning the dissolution of marriage regulation in the selected state before you decide to proceed with drafting the Motion to Dismiss and Response Forms. These include but are not limited to statutory and residency requirements, community property polices, and so forth.