How to Dismiss a Divorce Petition

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    • 1). Prepare a motion for dismissal. The motion will be captioned just like the original divorce petition with the name of the court, name of the parties and cause number. In the body of the motion, ask the court to dismiss the petition that you filed. Sign the motion and have your spouse sign the motion if they are in agreement.

    • 2). Prepare an order of dismissal. Caption this the same way as the motion. In the body of the order, you will indicate that the court has received and reviewed the motion for dismissal and that the court grants the motion or sets the motion for hearing. Leave a space for the judge to sign and date the order.

    • 3). File the motion and order with the clerk of the court where you filed the original petition.

    • 4). Serve your spouse with the motion if they did not sign the motion.

    • 5). Wait for the court to return the order to you. If your spouse signed the motion then the court will likely grant the dismissal and return the order to you terminating the proceedings. If your spouse did not sign the motion then the judge will set the motion for a hearing.

    • 6). Appear at the hearing if required. Explain to the judge why you wish to dismiss the petition. If your spouse does not appear, or appears but does not object to the dismissal then the judge will generally grant the motion and sign the order of dismissal.

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