Withdrawing Divorce Petition

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Divorce is a devastating situation and people have to bear the problems because they don't want their loved ones to bear the pain, although things take a toll when the bad situations reach their epic position. In order to take divorce, one has to file a petition which initiates the process of divorce. After the initiation of the process, the other party responds to the petition with a counter petition, but during this process if the couple realize that they are making a mistake by taking divorce, they can withdraw the divorce petition. This decision is taken when they want to correct their decision or realize that life would be difficult without their partner.

The petition can be taken back by him at any point of time although it should be before the judge signs the divorce decree. In order to take back the papers, petitioner should give an application regarding the same in the court. The application is sent to the other party and finally the divorce petition can be withdrawn. The case can also be terminated if one of the parties has not replied to the petition.

Reasons for Withdrawing the Divorce Petition

  • Presence of recession: Marriage brings the maximum emotional and economic security during a recession.
  • The couple has invested memories, work, love and money in the marital residence. It is a symbol of the couple's commitment and togetherness. If it has to be sold, someone else would reside in it and moreover, the couple may not be economically benefited. This does not appear sensible to the spouses
  • The spouses retrospect on the labor, sacrifices and time that have gone into the construction of their life with each other. If they divorce, then they would have to begin from scratch. The spouses conclude that it would not be easy to do this again.
  • The partners seeking divorce think that they would have to resume dating and there is not much choice in that regard. So, they decide to give a second chance to their existing marriage.
  • Love is a feeling that can capture everything if one tries a little harder and swallows some pride. It is easy to see that this can make a huge difference.
  • The partners remember their vow that only death would separate them.
  • The spouses are conversant with living as a couple. They realize that single life would be lonely. The couple admits that they cannot bear to be alone, and hence they question what they would achieve by getting divorced.
  • The spouses reach a conclusion that if they stop being stubborn, they can compromise and there is nothing called irreconcilable differences
  • The children make the parents live together.
  • Is there any guarantee that if a person abandons a current imperfect partner, the person would not get a partner who is even worse? This thought makes the spouses withdraw the petition.

Background for withdrawing divorce petition

Both the spouses must be open regarding finding a solution to the issues that resulted in filing of the divorce petition. There must be a willingness to make a positive difference. The partners should digest the concept that the issues in dispute cannot be resolved overnight. However, if they display tolerance and patience, they can achieve a good result.

If both the partners accede to reconcile, the attempts of reconciliation need to be made prior to the finalization of the divorce. The petitioner can put the case on hold. Prior to the grant of the judgment, the spouses can withdraw the petition. Alternatively, they can get a notice of revocation to stop the divorce procedure. It must be kept in mind that the court does not allow divorces to be stopped for negotiation, mediation and counseling.

It is a good decision to withdraw the divorce petition, this makes things easier and couples can solve the problems existing between them through the process of mediation. Most of the people withdrawing divorce petition are parents and they take this decision so as to avoid its side effects from hampering the success of their children. They should make sure that they appoint a good attorney who is also a mediator in order to solve the problems outside the court. Divorce petition should be withdrawn before it is signed by the judge, only then can it be withdrawn. An application is to be submitted in order to withdraw the petition and so it is necessary to consult an attorney as to how things are to be done.

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