Family & Safety

If you started a divorce case but have now changed your mind and want to ask that your case be dismissed, this article will help you do that. A voluntary dismissal of a petition for divorce is also called a nonsuit of a Petition for Dissolution of Marriage.

Withdrawing your petition before the trial or hearing

If you are the petitioner (you filed the case), you can withdraw your petition at any time before the trial or hearing starts. You cannot get back the costs of the petition you already filed, and you may be ordered to pay the costs of the respondent (your spouse).  

You will need to fill out a Motion to Dismiss. You will also need to fill out a Notice of Motion and notify your spouse and your spouse’s lawyer (if they have one) that you are withdrawing your petition.

 When you fill these forms out, you will need to:

• List whether you are the petitioner or respondent. If you are the party who filed the petition for divorce, then you are the petitioner. 
• List the date that you filed the petition.
• State in complete sentences the reason(s) you do not wish to proceed with the petition for divorce.
• Date and sign the motion.

You will file the forms and get a court date. You will also have to send copies of the Notice of Motion and Motion to Dismiss to your spouse and their lawyer.

Go to your court date. Most likely, your divorce petition will be “dismissed without prejudice.” This means that you can file a divorce petition in the future again if you change your mind, but you will need to start the process from the beginning. Learn more about dismissing without prejudice.

Withdrawing your petition after the trial or hearing 

If you are trying to withdraw your petition for divorce after the trial or hearing has started, you will need to complete the steps above as well as one of the following additional requirements:

• You can get the respondent’s (your spouse’s) permission for the motion to voluntarily dismiss. You can get this by having your spouse sign the petition. 
• You can provide a really good reason why you believe the judge should dismiss your petition for divorce without your spouse’s permission. This reason must be “compelling,” and you must include and sign an affidavit explaining the reason. 

Other ways your divorce case can be dismissed

If your spouse has filed a divorce but decides not to show up for court, you can ask the judge to dismiss the divorce petition. 

What if my spouse entered a counter-petition?

If your spouse has a counter-petition on file, this means that both of you have divorce petitions on file. Once your spouse files a counter-petition, they can be referred to as a respondent and as a counter-petitioner. Additionally, you can be referred to as a petitioner or a counter-respondent. If that is the case, and you decide you want to withdraw your petition, your spouse can still go forward with the divorce because they have a counter-petition on file. The court must continue with the divorce if your spouse has a counter-petition on file, even if you decided to withdraw your petition.