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Can I Withdraw My Divorce Petition After It Is Filed?

Celebrities and everyday couples can change their mind about getting a divorce. New York provides a process for couples to withdraw their petition.

While their divorce was not filed in New York, Jennifer Flavin and Sylvester Stallone have apparently called off their divorce one month after she filed. Her Florida petition was filed on Aug. 19, 2022, saying the marriage was irretrievably broken. She also accused her actor husband of dissipating marital assets.

One month later, the couple appears to have reconciled. A Florida judge signed an order suspending the divorce proceedings because the couple believed they could resolve their divorce terms outside of court. It appears that the Stallone divorce is called off altogether.

Others who called for their divorce include these high-profile couples:

  • Cardi B and Offset. Cardi filed for divorce in September 2020 but dismissed their divorce petition two months later.
  • Ben Stiller and Christine Taylor. The long-time couple separated in 2017 and reconciled in 2020.
  • Snoop Dogg and Shante Broadus. Snoop Dogg filed for divorce in 2004. The couple reunited shortly thereafter.
  • Patrick Dempsey and Jillian Fink. Jillian cited irreconcilable differences in her 2015 divorce petition. They called off the divorce the filing year.
  • Pink and Carey Hart. They filed for divorce in 2008 but stopped the process 11 months later.

You do not have to be a celebrity couple to walk back your divorce in New York.

Three Ways to Cancel a New York Divorce

New York’s Civil Practice Law and Rules allow an individual to withdraw a divorce petition. How the divorce is stopped depends on where the action is in the process. The following is a simplification of what can require complex legal arguments.

Consider these three scenarios for how to withdraw a divorce petition:

  • You filed the petition but have not served the summons. Stopping a divorce at this point is simple. You file a Notice of Discontinuance.
  • The summons has been served, but your spouse has not yet responded. In these cases, there is a two-step process. First, you will need to file a Notice of Discontinuance. Second, you must serve the notice of the discontinuance to the other spouse.
  • The summons was served, and your spouse has filed a response. When your spouse has already submitted a response, then both you and your spouse must sign the form requesting a dismissal of the divorce action. A court order may be required in some circumstances.

Withdrawing a Response Is Difficult

We also sometimes hear from spouses who want to withdraw their filed response to a divorce petition. This action can be challenging. You will have to tell a judge why you want to withdraw your response and have time to submit a new one. The judge may have leniency if you can show that new information has come to light that directly impacts your response. A medical issue that impaired your ability to answer with a clear mind is another reason that could be accepted.

Rely on Experience for Your Divorce Questions

Withdrawing a divorce petition is not always simply a matter of saying you no longer want a divorce. Our team at the Law Office of Dennis R. Vetrano, Jr., LLC can guide you through the process of stopping your divorce. We also can counsel individuals who want to withdraw their divorce response and submit a revision. These actions are often more challenging than they appear on the surface.

Need help with your divorce? Reach out to us online or call (845) 605-4330.