Withdrawing Divorce Petition
Divorce Papers > Divorce Petition > Withdrawing Divorce Petition
The plaintiff (i.e. petitioner) can withdraw the petition at any moment before the judge signs the divorce decree. For this, it is essential for the plaintiff to make an application in the court for withdrawal. Then, this application must be served to the spouse and an affidavit of service must be obtained. This results in withdrawal of the divorce petition. If the spouse has not filed an answer, the case can be terminated.
Reasons of withdrawing divorce petition
- Presence of recession: Marriage brings the maximum emotional and economic security during a recession
- The couple has invested memories, work, love and money in the marital residence. It was a symbol of the couple's commitment and togetherness. If it has to be sold, someone else would reside in it and moreover, the couple may not be economically benefited. This does not appear sensible to the spouses
- The spouses retrospect on the labor, sacrifices and time that have gone into the construction of their life with each other. If they divorce, then they would have to begin from scratch. The spouses conclude that it would not be easy to so this again
- The partners seeking divorce think that they would have to resume dating and there is not much choice in that regard. So, they decide to give a second chance to their existing marriage
- Love is a feeling that can capture everything if one tries a little harder and swallows some pride. It is easy to see that this can make a huge difference
- The partners remember their vow that only death would separate them
- The spouses are conversant with living as a couple. They realize that single life would be lonely. The couple admits that they cannot bear to be alone and hence, they question what they would achieve by getting divorced
- The spouses reach a conclusion that if they stop being stubborn, they can compromise and there are nothing called irreconcilable differences
- The children make the parents live together
- Is there any guarantee that if a person abandons a current imperfect partner, the person would not get a partner who is even worse? This thought makes the spouses withdraw the petition
Background for withdrawing divorce petition
Both the spouses must be open regarding finding a solution to the issues that resulted in filing of the divorce petition. There must be a willingness to make a positive difference. The partners should digest the concept that the issues in dispute cannot be resolved overnight. However, if they display tolerance and patience, they can achieve a good result.
If both the partners accede to reconcile, the attempts of reconciliation need to be made prior to the finalization of the divorce. The petitioner can put the case on hold. Prior to the grant of the judgment, the spouses can withdraw the petition. Alternatively, they can get a notice of revocation to stop the divorce procedure. It must be kept in mind that court does not allow divorces to be stopped for negotiation, mediation and counseling.
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