You can get a divorce case dismissed in Florida whether you are the defendant, meaning the party who has been served with the petition, or the plaintiff, meaning the party who initiated the proceedings. As the defendant, you might be surprised and hurt that your spouse wants to get divorced.
It is normal to want to have a chance to sit down and speak with her before signing papers, but you will have to prove that some part of her petition is incorrect. As the plaintiff, you might feel as though you rushed into filing for divorce and now regret it. In both cases, your Florida divorce can be dismissed.
Return to the court where the divorce petition was initially filed and ask for a Voluntary Dismissal form. Complete the form by typing in your answers or using black ink.
Present a copy of the Voluntary Dismissal form to everyone involved in the divorce case. This includes the clerk of court, the judge and your spouse. You can hand-deliver the copies or mail them.
Ask your spouse to drop his counterpetition if he already has filed a response to your divorce proceedings. Even if you file to voluntarily dismiss your motion, you cannot dismiss his counterpetition. He must consent to withdraw it himself.
As the defendant, file a motion to dismiss if you can legally prove some part of your spouse's petition is incorrect. If the papers were not served properly or the grounds for divorce are not truthful, you can get the divorce case dismissed.
Consult an attorney.
As the defendant, don't arbitrarily claim that part of your spouse's petition is incorrect simply to buy time.
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