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Withdraw Divorce Complaint

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fiorellon

Junior Member
What is the name of your state? New Jersey

I asked this yesterday, but I thought I would re-phrase to see if anyone could help. I filed a divorce complaint and my wife filed an appearance. Now I want to withdraw the complaint because I don't want the divorce anymore and I want to try to work it out. I want her to have to file if she wants, but I do not want to be the plaintiff. Could anyone tell me how to proceed?

Thanks.
 


fiorellon

Junior Member
Re: File a motion to dismiss without prejudice.

Thanks for the reply. I filed a stipulation of dismissal, but does the defendant (my wife) have to sign off?
 

seniorjudge

Senior Member
Q: I filed a stipulation of dismissal, but does the defendant (my wife) have to sign off?

A: Has she answered the petition and/or filed a counterclaim?
 

fiorellon

Junior Member
Re: Has she answered the petition and/or filed a counterclaim?

Thanks for the reply. All she did is file a "Notice of Appearance." We received a date for the first case management conference, but I want to withdraw the complaint before the conference. I think it was stupid of me to file in the first place and I just want to withdraw/dismiss the complaint. I don't know if I can get her to sign a stip. of dismissal which is why I am curious if she needs to. I thought that being the plaintiff I would be able to decide to not pursue the case anymore and that 's it. Is that not the case? Any help would be much appreciated!

Thanks again.
 

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