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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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Maryland Divorce Legal Crier

News and comments about divorce, child support, child custody, alimony, equitable property distribution, father’s rights, mother’s rights, family law, laws on divorce and other legal information in Maryland.

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.

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2 Responses to “Unfiling for Divorce”

  1. Allen Russell Says:

    If I withdraw my divorce filing will the mediation agreement become null and void?

  2. James J. Gross Says:

    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.

 
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