Rescinding Divorce


#1

If the divorce action has been filed but the judgment has not been entered, you can simply dismiss your complaint for absolute divorce.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Helena, he was served 5/22…I’m considering marriage counseling…do I go to the clerk of courts with the file number to dismiss, if that’s what I decide or does the attorney have to do it? If I decide to dismiss, then a couple of months down the road feel I made the wrong choice, do I need to file again, without violating the separation, will I have to start from scratch with the attorney as if it was a new case, paying for an additional divorce?..or, is the petition filed away and given an expiration date?

And if I dismiss, what happens to the ED date?

Thanks for your response.


#3

You can dismiss only the action for divorce and your pending ED claim will remain pending. If you decide to dismiss the divorce it does not affect your separation unless you actually reconcile during that time period. The fee arrangement will depend on the specific attorney. If you reconcile you will need to file a new action for divorce, if you do not reconcile you can revive the old action for a period of one year without paying a new filing fee.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

If I filed for divorce and husband received divorce petition but I decided to give the marriage another try…what can be done? Can it be placed on hold, if so for how long. OR, must I just have to either let it go through…OR, entirely rescind…OR, does he just respond to contest?