Last Updated on: 23rd June 2025, 11:48 pm

How to Dismiss Your Divorce in New York: A Complete Guide to Stopping Divorce Proceedings

The processes of separation and divorce put a lot of things into perspective in a marriage. In fact, it is often during separation when couples finally take the time to ask questions, one of them being, “What got us here in the first place?”

When Separation Matters

There are other times when separation is a much-needed time to break out of a rut. Daily life, work, and the lack of time or money make it hard for us to get creative in our marriages and do things differently. When you add to this other stressors such as bad health, parenting problems, or other family situations, the strain in the relationship may get quite desperate. Often, things are resolved better by taking a quick breather.

Now, suppose that you separate, plan to divorce, and then realize that you have recuperated enough strength to give your marriage another “go.” The good news? It can be done. The process is known as “divorce dismissal,” and can take place even after the papers have been filed.

Steps to Dismiss your Divorce Proceedings:

1. Make sure all of this is done after your papers have been filed.

A lot of couples assume that their divorce papers are filed right away. That is not the case. Sometimes, attorneys have a huge caseload, or they have a system in place where they file specific documents on certain days of the week. Communicate with your lawyer and make sure that the papers are still not filed before you can proceed to ask for dismissal.

2. The quicker, the better

Do not wait until a judgment has been made. Once divorce is declared and processed, the only thing you can do is start over with your partner again, on your own. To avoid all of this, just be swift once you have made the decision to dismiss.

The Legal Process of Withdrawal

3. Visit your country clerk.

Request a divorce dismissal form. If your partner has not filed a response, you can file the dismissal for on your own, without the consent of the other party. Again, be sure that no forms have been filed or that your partner had not made any hasty decision at some point in the past with his or her attorney.

4. OK, so a response WAS filed

You are still on time. If your partner had for whatever reason recorded and filed a response when the divorce was first decided, all you need to do is get your partner to sign the dismissal form together as spouses.

Emotionally-charged situations often change over time. While the process of a divorce is neither simple nor quick, it can be entered into for a number of reasons that may not stay solid during the proceedings. There are many individuals who go into a divorce feeling sure that they want to bring their marriage to an end, only to have a change of heart as the finalization date gets closer. If you decide that a divorce is not for you, it is possible to cancel your divorce – it is not, however, quite as simple as telling the judge that you’ve changed your mind and that you’d like things to go back to the way they were before.

The Good News About Canceling Divorce

The good news for most who want to cancel their divorce is that you can cancel the process at any point before the divorce is finalized. So long as the judge has not signed the final decree, the entire process can be stopped and your marriage can return to the point where it was before, at least from a legal standpoint. Though there are many steps that need to be taken before the cancellation can occur, you can stop the process at any point along the way.

The Paperwork

As with most legal matters, stopping a divorce is a matter of getting the right paperwork to the right person. If you want to cancel your divorce after you have reconciled, you’ll need to visit the court where your divorce is being heard and speak to the clerk. The clerk will direct you to the correct forms that you’ll need to fill out in order to stop the process. You may be able to get these forms online, but it’s recommended that you speak to a clerk to ensure that you’re doing everything correctly.

Once you have the paperwork done and filed, you may actually have to serve your spouse with the papers. This is not true in every jurisdiction, but it is an important part of the process in some places. This not only ensures that both parties are actually willing to cancel the divorce, but it ensures that neither party is able to make the decision on his or her own. Once you have the paperwork signed and it is received by all of the relevant parties, your divorce will be canceled and the entire process will essentially be brought to an end.

Important Factors to Consider

While the steps above will generally resolve the divorce process for most couples that choose to reconcile, there are theoretically other ways to end the process. If the grounds for divorce are abandonment, for example, one could (at least in theory) void those grounds by moving back in with one’s spouse or by ending the constructive abandonment as specified by law. While doing the paperwork is certainly much safer and makes the process of ending the divorce much easier from a legal standpoint, voiding the grounds can do effectively the same thing.

It is, however, important to note that ending the divorce proceedings can have an impact on one’s future. While ending the divorce proceedings will certainly not stop you from getting divorced in the future, it can make it more difficult to get divorced based on certain grounds. If you were getting divorced on the grounds of abandonment, for example, the year-long time period would reset once your divorce was canceled. Likewise, waiting out the legal separation period or even making it through the six months of irreparable breakdown would reset if the court saw that your relationship had recovered enough for a divorce petition to be withdrawn.

Being on the Same Page

Couples who file for divorce and then decide that they would rather stay together do not need to continue with the process. New York laws include provisions for those who initiate a divorce action and then wish to withdraw their petitions. The process is actually less involved than many people think. If you and your spouse have chosen to remain together, here is what needs to be done.

Before taking any steps to stop the proceedings, it’s a smart move to be sure both parties really do want to stay together. As many former couples can attest, there are periods in which many couples have second thoughts about ending their marriages. Those doubts may take place after spending time with the kids, meeting and deciding to have dinner for old time’s sake, or any situation that produces good feelings about one another. Keep in mind that what seemed like a good idea yesterday could seem less viable in the objective light of tomorrow.

For this reason, it pays to talk with a counselor before making any decision. If the couple still feels they want to give the marriage a second chance after talking through the idea with a professional, the time has come to take action.

Legal Requirements and Procedures

Notify Your Respective Legal Counsels

When the original divorce petition was filed, one party served as the plaintiff and the other as the defendant. That meant each spouse retained an attorney for representation. This was necessary to protect the legal rights of each party.

Once the decision is made to call off the divorce, both parties should notify their respective attorneys of the decision. While some may state that notifying the attorney representing the plaintiff is enough, there will still be the need for the attorney representing the defendant to confirm that both parties are in agreement. Choosing to notify each attorney saves time and makes it possible to proceed with the notification to the court.

Withdraw the Divorce Petition

Once the attorneys are notified of your intent to remain married, the task of contacting the court and stopping the action will commence. This will typically begin with the withdrawal of the divorce petition. The attorney for the plaintiff can prepare the necessary request and ensure that it gets to the court in a timely manner.

If the attorney for the defendant has already responded to the original claim and petition, it’s helpful to notify the court that the client wishes to withdraw the response. This provides the court with the necessary documentation to indicate that the divorce should not proceed.

Filing for a Discontinuance

With the former documents now addressed, the next step is to file what is known as an Affidavit of Service and Stipulation of Discontinuance. This document essentially serves as the written confirmation that the plaintiff and the defendant have mutually agreed to withdraw from the divorce proceedings and are asking the court to dismiss the case completely. The provisions within the document also serve as confirmation that the parties understand are choosing to end the proceedings of their own free will, and that no coercion or force of any kind is being used to change the position of either party.

What Next After Dismissal?

If you suspect that there is hope for your marriage, we strongly recommend that you and your spouse have a deep conversation on the matter and put the pros and cons of staying together under perspective. Communication is the tool that solves everything.

The next step would be to consult with your attorney as to whether those pros and cons are viable. No matter what, the most important thing to consider is your physical, mental and financial stability. Without those tools, you cannot really fix any other issues.

The last step would be to make your final decision and stick with it. Both you and your spouse must be on the same mindset when the decision of dismissal is made. It saves a lot of emotional stress and psychological pressure. If you are willing to be a team again then your decisions should also be part of your teamwork.

Alternative Options: Motion for Abatement

Divorce is the final step to ending a marriage. It is often the case that many people have second thoughts when going through this difficult process. Old feelings and memories come rushing back to make people rethink their drastic decision to move on. It is advisable to remember the reasons that landed you in divorce court in the first place. Those issues will not go away on their own. Yes, a marriage can be salvaged, but it is going to take counseling, patience, and a whole lot of understanding. If you still feel that you have rushed your decision, there are a few things that can be done to recuse your request.

One of the easiest things to do that is beneficial for both parties is a “Motion for Abatement.” This motion puts the divorce on hold for a specific period of time. If you think reconciliation is possible, this motion will give you the time to do so. It will also not dismiss your filing, so you will not lose any money spent on the proceedings. The paperwork is still done, but the case just remains on hold. At the end of the allotted time, if you have reconciled, we can file another motion. However, if things go back to their old patterns and reconciliation is not possible, we can continue with the proceedings. If you feel that there is hope for your marriage, this motion is the best course of action.

Timing Matters: Critical Deadlines

Timing Does Matter

It’s important to understand that if the divorce proceedings have gone past a certain point, there will be no way to stop the divorce. For example, if the judge has already reviewed the case, approved the divorce settlement, and issued the divorce decree, the marriage is legally ended.

The good news is that New York does not have a waiting period for divorced individuals to remarry after a decree is handed down by the judge. If the couple is determined to remain together in spite of waiting too late to stop the divorce, there is the option of remarrying immediately.

Remember that the courts in New York do provide opportunities throughout the process for bringing the divorce action to a halt. The key is to make sure both parties agree that staying together is what they want. Once that decision is made, help from the attorneys involved will ensure that all the requirements of the court are met and the legal status of the couple remains intact.

Answer and Counter Claims

First, you need to find out if a motion or counterclaim has been filed against you. It is common in divorce that the other side will file a motion of their own. The one who files the paperwork for divorce is the petitioner. The one who is required to answer the motion is the respondent or defendant. You need to find out what has been filed in the case as those motions may need your attention. Your attorney can help you with this step. We can easily access court records and get you the information needed. The plaintiff or petitioner can end the case if no answer has been filed. There is no fee to withdraw your case, and you do not owe the court any explanations.

Things To Keep In Mind

You can file either of these motions right up until the time the judge signs off on the final divorce decree. People start the divorce proceeding and stop it all the time. You are not alone in your quest to save your marriage. As legal counsel, you will be advised that the “Motion for Abatement” is the best option until you are sure things are going to work out. It takes a few minutes to get married and months to end a marriage. There are many legal issues and things that must be conquered to sever the union. However, as a family lawyer, we will help you each step of the way. The process is long, hard, and difficult, but we can help you to ensure you are making the best choices for you and your family.

If you choose to reconcile during your divorce proceedings, you can cancel the process at any point before the divorce is finalized. Doing so is as easy as filing the right paperwork, but you should know that doing so can make getting divorced in the future slightly more difficult in some cases. No matter what your decision, it’s wise to consult with your attorney if you wish to cancel the divorce and to make sure that you’re getting all the information you need. While getting the paperwork filed is relatively easy you must remember that you’re doing so on a schedule and that failure to cancel the divorce before finalization can be quite problematic for your relationship.

Speak to a qualified NYC divorce attorney today, and see what are the best solutions for your in terms of your marriage. You will not regret it.