Withdraw Case For Dissolution of Marriage

by Sherri from Louisville, Kentucky

I am the petitioner in a dissolution of marriage case that has been filed in the Florida courts and now referred to mediation.

I have moved out of state and want to withdraw, stop, or cancel the entire case. What do I need to do?

Answer to Florida Divorce Question

Dear Sherri,

Deciding not to divorce after filing is not as rare as you might think.

In fact, many couples go through mediation or reconcile before a judgment is entered.

If you are just seeking time to think about whether to go ahead with the divorce, then dropping the case altogether may not be your best option.

The fact that you moved after filing has no bearing on the current case.

When people just want to some time to be separated to determine if a divorce is what they want, you or your attorney can file a Motion to Abate the proceedings. This motion puts the case on hold in order to give the parties time to make up their minds (usually 60 to 90 days, but the motion can be extended longer).

If you decide, at any time to continue the case, you do not have to re-file all of the initial paperwork. Only file a Motion to Continue the proceedings and the divorce case continues where it left off. If you both decide you do not want the divorce, then you, as the petitioner, can file a Motion
to Voluntarily Dismiss the Dissolution Proceedings.

Once this is filed, the court considers the case over and closes the file. Before dismissing the case, make sure you are sure a dismissal is what you want. After the case is closed, if you want a divorce, you will have to start from the beginning again. This involves a new petition, filing fees, and everything that is involved in a new divorce case.

Since you indicate that you have left the state, you may need to file where your new residence is located and each state has its own residency requirements. Many states require you to be a resident for up to one year before being able to file for a divorce.

You can purchase our fillable blank Motion form for immediate download. Or, why not have any one or all of these motions professionally prepared with our Petition Preparer service. Just ask us for a free quote.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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