Once you start a divorce and file a Summons (or Summons With Notice), you may not be able to simply cancel or withdraw your divorce. To determine when and how you can cancel/withdraw your divorce, you need to follow these general guidelines.
If your Summons hasn’t been served yet: If you filed your Summons, but have yet to serve it, then withdrawing your divorce action is very simple. You simply file a Notice of Discontinuance.
If your Summons has been served, but, the other parent hasn’t responded yet. If the Summons was filed and served, but, the other parent hasn’t responded yet, then withdrawing is still very simple. Once again, the filing of a Notice of Discontinuance will suffice, however, the Notice also has to be served upon the other parent.
If your Summons has been served and the other parent has responded. If the Summons was filed and served and the other parent has responded, then to withdraw requires both parent’s signature and approval. Once both parents approve then the Notice will be filed with the Court.
If you want to withdraw your New York Divorce, you should consult with an attorney to make sure that it is done correctly. David Badanes and the Badanes Law Office, P.C. have years of experience and can help you in getting your divorce cancelled/withdraw.
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