How to Stop a Petition for Dissolution of Marriage During a Divorce Case

You never know what can happen during a divorce case, but there are situations in which you may decide to halt the trial altogether.  It may be because you want to try and iron things out together, try one last time to see if you can make it work.  But there are also other reasons to decide to stop a divorce case—perhaps you want to make her spend a little more time and effort in the case, or maybe there were situations or orders that were set that didn't quite sit right with you.  If this was the case, stopping the dissolution of marriage might be the way to go.

In order to do so, you would both need to sign and file in the courts an Order of Dismissal.  In most cases, this would have to be agreed upon by both parties, but there are ways to do so without needing your wife's permission.

For example, if you were the one that filed the initial Petition for Dissolution of Marriage, and your wife never filed a counter petition against yours, you can cease the divorce case yourself without her permission.  If you want to start it back up, however, then you would have to start completely from scratch.  This may be to your benefit, and it may not, so be careful when making a decision like this.

When a Dissolution of Marriage is cancelled out, any issues or orders that were set during the trial are then considered null and void.  So if your wife filed an emergency order, a temporary order, or anything to that extent, it would no longer be in effect when the Order of Dismissal is filed with the courts.