Can I Cancel My Divorce Petition After Filing in Tennessee?

Just because a person files for divorce, it is not guaranteed that the marriage will be terminated. Divorce is a major life decision, one that is not taken lightly. However, even if the relationship deteriorated to the point that one spouse took legal action to initiate the divorce, it is possible that the couple will reconcile and decide to work through their differences. Even if you have already filed for divorce in Tennessee, it is possible to cancel the petition. To learn more about your legal options and to secure skilled representation during your case, read on and work with an experienced Shelby County, Tennessee divorce lawyer today.

What is a Divorce Petition?

A divorce petition, or complaint, is a legal document that one spouse files when they want to legally dissolve their marriage. This petition acts as a formal request to the court to initiate the divorce process and legally end the relationship.

The document must be completed and signed, as well as include a variety of information about the marital relationship and the parties involved. Once the petition is filed with the court, the other spouse must be formally notified by being served with the relevant documents.

Can I Cancel My Divorce Petition After Filing in TN?

Yes, you can cancel your divorce petition after filing in Tennessee. State courts understand that these decisions cannot be rushed, so it only makes sense that you have the option to change your mind. A divorce is only considered complete in the eyes of the law if a final decree has been issued by the judge. You can generally withdraw your petition at any time before the divorce is finalized.

You can dismiss the divorce case with or without prejudice. Without prejudice means that you are closing the case, but you can refile later using the same information if you change your mind. Generally, dismissals without prejudice can be reopened for one year before they are considered permanently closed. A dismissal with prejudice means that you can never bring up those facts again if you choose to file for divorce again later.

You could also enter an Order of Reconciliation. In this case, both your and your spouse’s lawyers will enter an Order to formally place the divorce on hold. The hold generally lasts for 6 months and suspends the divorce proceedings to give the couple a chance at reconciling. A couple’s right to an Order of Reconciliation is outlined in Tennessee Code § 36-4-126.

You could also take no action after filing for divorce. If both you and your spouse do not take steps to move the process along, the court will eventually inform you that you must either pursue the divorce or dismiss the case. To learn more about your legal rights and options, work with a skilled attorney during your case.