How to File Divorce in Kentucky Manual (How to file Lawsuits Book 2)
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Any time before a judge issues a final divorce decree, the petitioner may petition the court to withdraw a divorce request by filing a motion to dismiss without prejudice. Each jurisdiction has its own process for filing such a motion, and the court may have a form that needs to be filled out, or it may simply require a letter expressing the desire to withdraw the divorce petition.
The petitioner should verify that the other spouse did not respond to the divorce petition. If the defendant has filed no documents other than a notice of appearance, the petitioner may unilaterally withdraw the divorce petition. However, if an answer or a counterclaim has been filed, the divorce will continue on unless the petitioner also withdraws. In jurisdictions where a form is used, the party requesting dismissal should indicate on the form that the dismissal is of the entire action and of all parties. On the form, he or she indicates that the dismissal is with prejudice; this means the case cannot be reinstated.
If he or she selects without prejudice, this means the case can be reinstated in the future. Both spouses sign the request for dismissal. The spouse who has been served a petition for divorce the one who is being sued for divorce has no legal power to interrupt the process.
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He or she may only file an answer and defend himself or herself in the proceedings. However, if both parties are open to stopping the divorce process, the spouse who filed may take steps to halt legal action. Most states have a waiting period between the filing of a petition to divorce and the finalization; the waiting period encourages possible reconsideration and reconciliation. If no form is required, the petitioner should ask if there is a particular format for the letter requesting a withdrawal of the petition.
The form or the letter will include the names and case number of the action. No reason for the withdrawal must be stated. The letter or form is signed and dated. Most jurisdictions do not charge fees when such motions are filed, but the petitioner will not be able to recover the fees paid for the divorce filing.
If the defendant spouse has filed an answer or a counterclaim, he or she must also submit a motion to dismiss. According to Nolo's Essential Guide to Divorce by Emily Doskow, the divorce and civil procedure statutes across the country outline similar processes to dismiss a marriage dissolution case.
The ease of the dismissal depends upon the state of the case.
Qualified Domestic Relations Order (QDRO) Handbook, Third Edition
If the defendant spouse has yet to file an answer or response, the dismissal is automatic. If he or she has filed a response, but not a counter-petition, the court is likely to dismiss. If the defendant spouse has filed an answer and a counter-petition, a dismissal will not occur unless he or she agrees. Information Provided by: Divorce Source, Inc. Useful Online Tools Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
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It's FREE. Give it a try. This book supplies the information you'll need to evaluate the strengths and weaknesses of your situation, ultimately allowing you to make better decisions before, during and after your divorce. Enter Your Zip Code:. Newly-purchased stocks may be more desirable because they will cost you less in capital gains taxes.
Just because you want out of your marriage immediately doesn't mean you should forfeit your financial security. Make multiple copies of all of your important financial documents: pension statements, tax forms, brokerage and mutual fund statements, credit card statements, and other records.
It will make you aware of what you own and even what you owe. Make sure that you and the children will continue to have health insurance during and after the divorce proceedings. While you are still married to your spouse, an illness or accident can change how property is divided. If you and your spouse can work out an amicable agreement on your own, you can file what's known as an "uncontested" divorce.
This will save you both time and money in court costs. If this is simply not possible, you may want to hire a professional mediator or an attorney. If you decide to retain legal counsel, remember to bring three things to the first meeting with your lawyer so you can assess what you will need once separated: a balance sheet listing the family's assets and debts, an accounting sheet of your income and expenses, and your tax return.
Divorce is expensive. On top of attorney's fees, you will need money to set up a new household.
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Though it may be difficult to make ends meet, you should get used to having less now. Remember, your legal bills and court costs may come due before you receive your first payment of alimony or even your share of the marital property. While it may seem stressful, the freedom you'll enjoy down the line will be well worth the struggle. Putting aside strong emotions in favor of cooperating with your spouse and managing the thornier issues of your separation with a calm and level head will definitely pay off in the long run.
Both of you will make wiser decisions and come out of the process with fewer bruises. After the agreements are ironed out and the papers are signed, if you still feel the need to express yourself, you can always sit down to dish up the dirt in your tell-all memoir.
source LegalZoom can help you file an uncontested divorce. The LegalZoom divorce package includes state-specific divorce documents for both spouses, marital settlement agreement, and parenting plan for specifying custody arrangements and visitation schedules. An offer of membership in our legal plan is not an endorsement or advertisement for any individual attorney.
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Since we're dedicating time and effort to your legal document preparation, our guarantee only covers satisfaction issues caused by LegalZoom - not changes to your situation or your state of mind. Updated April 13, Welcome back Finish your LLC. Check order status Dashboard Sign out. What would you like to talk about? Legal plans Browse attorney directory Legal document review Speak with an attorney. Check order status Contact us Visit our resource center. Check order status Dashboard Sign out Sign in. Don't Get Pregnant Having a baby during your divorce complicates a lot of things, and could even hinder your right to divorce.
Don't Dismiss the Possibility of Collaborative Divorce or Mediation In a collaborative divorce, you can get the help of professionals—attorneys, divorce coaches and therapists, to divide property and manage emotional stress.