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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    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
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    55,987
    File a motion to dismiss without prejudice.


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  3. #3
    Join Date
    Oct 2007
    Posts
    4

    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
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
    Posts
    29,532
    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
    Join Date
    Oct 2007
    Posts
    4

    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
    Join Date
    Jan 2005
    Location
    California
    Posts
    64,418
    Maybe she still wants the divorce?


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