If you are the Petitioner (i.e., if you were the person who filed for the divorce) AND your spouse did not file a counter-petition, then you can dismiss your case whenever you want. Dismissing your case stops your divorce. If your spouse was the one who filed for divorce, though, then only your spouse can dismiss the case and stop your divorce. If both you and your spouse filed for divorce (that is, if both of you filed petitions for divorce) then both you and your spouse must agree to dismiss your case in order to stop your divorce.
Karen A. Covy, J.D. is a divorce attorney and family law mediator in Chicago Illinois . She is the author of When Happily Ever After Ends, How to Survive Your Divorce Emotionally, Financially and Legally.
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