When you and your spouse are no longer happy in your marriage, it can be an incredibly difficult period for you, as you may consider filing for divorce. In some instances, you may find that while filing for divorce may seem like the best option for your circumstances, after the petition has been submitted, you and your partner reconcile. As such, this may leave you unsure of how to proceed and whether or not it’s possible to cancel a divorce petition. If this reflects your circumstances, you’ll want to keep reading to learn how a Nassau County divorce lawyer can assist you through this process.
How Does the Divorce Process Work in New York?
In New York, filing for divorce is a complex process that requires many steps and a considerable amount of paperwork. Generally, this begins with the party who initiates the divorce, formally referred to as the plaintiff, filing a Summons with Notice or a Summons and Complaint with the court. Once these papers have been filed, you must serve your spouse, now formally known as the defendant, with a copy of the divorce petition. After they have received the paper, they must file a response within the allotted time.
Am I Able to Cancel a Divorce Petition?
Whether you and your spouse decided to try couples counseling or you were able to work things out on your own, you may wonder what your options are, especially if you’ve already filed your divorce petition. However, it’s important to understand that you are able to rescind a divorce petition under certain circumstances.
In most instances, if you and your spouse mutually agree to discontinue the divorce, the court will generally grant this, so long as no final judgment for the divorce has been issued. You may also be able to end the divorce if your spouse has not yet answered the divorce petition. In both instances, you would need to file a Notice of Discontinuance with the court where you filed for the divorce.
You should note, however, that if you and your spouse reconcile after your divorce has been finalized, you cannot simply “undo” the divorce. As such, you will need to remarry if you wish to be together in that capacity again, which entails reapplying for a new marriage license.
Whether you’re set on ending your marriage or you have second thoughts, connecting with an experienced attorney is in your best interest during this process. At Barrows Levy, PLLC, we understand how difficult this process can be. That is why our firm is dedicated to helping you through these complicated times to fight for the best possible outcome for you and your family. When you need assistance, our firm is here. Contact us today to learn how we can fight for you.
