Unfiling for Divorce
Most people are pretty clear that they want to get divorced by the time they see me. But I tell them that everything I do is reversible, in case they change their minds.
Once in a while some of them do. How do you “unfile” a complaint for divorce?
Maryland Rule 6-205 has the answer. Paragraph (a) says that if your spouse has not filed an answer, you can dismiss a complaint by filing a Notice of Dismissal. If your spouse has filed an answer, you will need him or her sign a Stipulation of Dismissal.
If you cannot get your spouse to sign, then paragraph (b) requires you to ask the court for an order dismissing the case.
The first dismissal, according to paragraph (c), is without prejudice, meaning you can refile your complaint later, if you change your mind again.
Tags: 2-506, Complaint, court, dismiss, dismissal, Divorce, Maryland, notice, order, rules, stipulation
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February 1st, 2012 at 7:03 pm
If I withdraw my divorce filing will the mediation agreement become null and void?
February 6th, 2012 at 6:02 pm
Allen: It depends on what your agreement says. The courts will honor agreements signed by the parties after their marriage. Also, sometimes an agreement will say that a reconciliation will not terminate it and that it can only be terminated by another written agreement.