motion for voluntary dismissal form illinois

#Motion for voluntary dismissal form illinois how to

When a hearing is set, you must attend and explain to the court why it is you want to stop the divorce petition. If your spouse hasn't responded to the petition or if he or she agrees with the request, most courts won't require a hearing. Once this paperwork has been completed, a hearing date will be set. Verify that you did so on the form and file the motion with the clerk of the court. If not, send a copy of this motion via first class mail to the spouse. This is why you must have your spouse sign the paperwork if he or she agrees to dismiss. Most forms ask the status of current proceedings and whether or not your spouse agrees. No matter what prompts the decision to withdraw the divorce petition, you must explain why it is you are requesting the petition be dismissed. When you have filed a divorce petition and your spouse chose to counter-petition, the court won't approve a motion to dismiss unless both parties agree to it.

If your spouse has yet to respond or file an answer to the original motion, the dismissal will, in most cases, automatically take place. If your spouse agrees to have the original motion dismissed, have him or her sign the paperwork to show the judge that both parties have agreed to file the motion. Where the motion to dismiss sample differs is that the body of the motion contains the request to dismiss the original petition. This petition appears, in many ways, identical to the original divorce petition. The first step in this process is to file a motion for dismissal. If the request is granted with prejudice, the entire process must start over. If the paperwork grants the request without prejudice, it means the case can be filed again. If both parties agreed to reconcile and give the marriage another try, in most cases, the judge will agree with the motion to dismiss. If one party wishes to stop the proceeding, the judge determines the next step of the process. A motion to dismiss is filed when one party to a divorce files a request to stop the divorce from proceeding. There are situations though where one or both parties determine they no longer wish to divorce.

Once a divorce has been requested, most people may think the marriage is over.

#Motion for voluntary dismissal form illinois how to

How to Dismiss a Divorce Petition Filing A Motion To Dismiss