Suppose you filed for divorce after a multitude of months or even years of your marriage deteriorating. However, you and your spouse reconciled your differences and want to give your relationship another chance. You may be wondering whether you can cancel your divorce petition or if it’s too late. Understanding the legal requirements and your options during the divorce process is imperative in protecting your rights. For more information and to secure skilled legal counsel, continue reading and consult with an experienced Dallas County divorce lawyer today.
What is a Divorce Petition?
A divorce petition, officially referred to as a Petition for Dissolution of Marriage in Iowa, is a legal document that formally initiates the divorce process. One spouse, called the petitioner, will file the appropriate paperwork with the court and request that the marriage be legally terminated. Given that the couple meets the residency requirements and files with a valid reason (which can be a no-fault ground, such as an irretrievable breakdown of the marriage), they will be eligible to file the petition for divorce.
Can I Cancel My Divorce Petition in IA?
In general, yes, you can cancel your divorce petition after filing in Iowa. However, your ability to have the case dismissed will depend on where you are in the divorce process and whether your spouse is on board or not.
If the final decree has been signed and issued by the judge, you will not be able to halt the process, as the marriage will already be considered dissolved in the eyes of the court. However, you can typically cancel your petition at any time before then, given that your spouse agrees.
If your spouse has filed a response already and does not want to remain married but would rather continue with the divorce process, there is nothing you can do to stop the dissolution. The only way you can cancel your petition is if your spouse has not responded or if they agree to stop the process.
How Can I Cancel My Divorce Petition?
The process for canceling your divorce petition will vary depending on what has already been done and the timeline of your divorce. If you have only recently filed the petition and your spouse has not issued a response, you can file a Motion to Dismiss with the court.
However, if your spouse has filed a response or counterclaim, both you and your spouse must participate in the process and agree to sign the Motion to Dismiss. This is enshrined in Iowa Code § 598.3, which states, “After the appearance of the respondent, no dismissal of the cause of action shall be allowed unless both the petitioner and the respondent sign the dismissal.”
For more information on how to stop the divorce process, set up a consultation with a competent attorney at Iowa Defenders, PLLC today.
