What is a Withdrawn Divorce?
A withdrawn divorce occurs when a couple decides to stop divorce proceedings after they have already been initiated. In New York, it is possible to withdraw a divorce petition at various stages of the process, though the exact steps depend on how far along the proceedings have progressed.
Reasons for Withdrawing a Divorce
There are several common reasons why couples may choose to withdraw their divorce petition:
Reconciliation: The most frequent reason is that the couple has decided to reconcile and remain married. This could be due to successful couples therapy, renewed commitment, or simply a change of heart.
Premature filing: Sometimes a divorce petition is filed impulsively or due to temporary circumstances. Withdrawing allows the couple to reevaluate their situation.
Financial considerations: The potential costs of divorce may outweigh the benefits for some couples, leading them to reconsider.
Children's well-being: Couples with children may prioritize family stability and choose to remain married for their sake.
Process of Withdrawing a Divorce in New York
The process for withdrawing a divorce in New York depends on the stage of the proceedings.
Before serving the summons: If you have filed but not yet served the divorce summons, you can simply file a Notice of Discontinuance.
After serving, but before response: If the summons has been served but your spouse hasn't responded, you must file a Notice of Discontinuance and serve it to your spouse.
After response filed: If your spouse has already responded to the divorce petition, both parties must sign a form requesting dismissal of the divorce action. In some cases, a court order may be required.
Legal Considerations
It's important to note that withdrawing a divorce petition doesn't automatically resolve the underlying issues that led to the initial filing. Couples should carefully consider their decision and potentially seek counseling or legal advice before proceeding.
Additionally, if significant time has passed or substantial legal work has been done, withdrawing the divorce may be more complicated. In such cases, it's advisable to consult with an experienced family law attorney.
Celebrity Examples
While not specific to New York, several high-profile couples have withdrawn divorce petitions, including:
- Cardi B and Offset
- Ben Stiller and Christine Taylor
- Patrick Dempsey and Jillian Fink
These examples illustrate that reconciliation is possible even after divorce proceedings have begun.
In conclusion, a withdrawn divorce in New York is a legal process that allows couples to halt their divorce proceedings and remain married. While it can be a positive step for some couples, it's crucial to approach the decision thoughtfully and with proper legal guidance.
When you are looking for a professional’s advice on a major domestic law conflict, contact an experienced divorce attorney at Michel Law Group today.