In Georgia, it's usually not difficult to dismiss your divorce claim. If no counterclaim has been filed, the petitioner only needs to file a voluntary lawsuit. Sometimes, after a divorce is filed, the parties decide that they prefer to work to save their marriage and want to dismiss the divorce case. If you want to withdraw the petition for divorce before your spouse has submitted an answer, all you have to do is file a request for voluntary dismissal.
Ending the divorce at this time does not require a judge's approval or a hearing. Basically, all that is required is to submit the application on the appropriate court form. It's a good idea to request that the case be closed “without prejudice”. This means that if you change your mind and decide to divorce, you can pick up where you left off and you won't have to file a new case (this saves money on filing fees).If you decide that you want to end your divorce process, there are steps to take to get the case removed from the court list.
In general, there is no fixed date on which one of the parties must request the cancellation or termination of the divorce process. You should also keep in mind that if your spouse filed a counterclaim (a counterclaim allows the defendant to ask the court to resolve issues that the petitioning party did not include in the lawsuit), the dismissal of your divorce application will not result in the dismissal of the counterclaim. If the divorce agreement has not yet been finalized, you can file a motion to ask the court not to rule on the agreement, which would end to the process. After the money, time, and emotional capital your spouse has spent on the divorce, a judge may consider it unfair to allow you to stop the process.
If your request for dismissal is filed early enough in the divorce process, it is likely that your request will be granted. Because of the complexity involved in a contested divorce, completing the case can often take a year or more. If your divorce has already been finalized, but you and your former spouse want to change your mind, there's not much you can do, besides of remarrying. Soon after you file your divorce documents with the local court, you should go to the county clerk and request the petition.
If a couple changes their mind about the divorce and wants to stay married, they can withdraw their divorce petition to stop the process before it begins. Attempting to end a divorce can be extremely complicated and tedious, so it's best to work with a legal professional. If you need help to stop the divorce process you are in, it would be a good idea to hire a divorce lawyer to help you. The lawyer can prepare and submit the documents needed to request a dismissal and can represent you in court in your effort to stop a divorce proceeding.
If the divorce agreement has already been signed and the judge signed the divorce decree, you may be able to overturn the judge's decision.
