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  1. #1
    fiorellon is offline Junior Member
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    Oct 2007
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    Withdraw Divorce Complaint

    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.
  2. #2
    Ohiogal is offline Senior Member
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    Ohio
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    File a motion to dismiss without prejudice.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    fiorellon is offline Junior Member
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    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?
  4. #4
    seniorjudge is offline Senior Member
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    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?
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    fiorellon is offline Junior Member
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    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.
  6. #6
    Zigner is offline Senior Member
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    California
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    Maybe she still wants the divorce?

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