leadindia836
- Apr 7, 2023
- 3 min read

How Can Couple Cancel Divorce During Cooling Period

It is said that while splitting up is difficult, undoing it is not difficult. Withdrawing a divorce petition is simple if you've already filed for divorce but afterward decided to get back together with your spouse. You must request the court to cancel the divorce petition before it is granted. Yet when you and your spouse can't agree on anything, problems arise.

A move to cancel the divorce and a notification of release without delay should be signed by both spouses, and the paperwork should be submitted to the court.

Procedure to Cancel the Divorce Petition

Marriage alone can change your life, but divorce can also. If you and your partner have started divorce processes and want to reconcile, rest assured that it is likely. The law encourages marriage and discourages divorce for the sake of social and family stability. Therefore, there are procedures for stopping the divorce process before the judge issues the divorce judgment.

The Couple must ensure to cancel the Divorce Petition- Firstly, the couple must ensure that reconciliation is the best course of action for their family, their spouse, and themselves. Similar to how there are costs associated with starting the divorce process, there are charges associated with withdrawing it, such as court costs or lawyers' fees. Instead, one must have an open and honest conversation with their spouse while making sure that you and your spouse are committed to preserving your marriage.
The Couple must file for Dismissal Action- The court needs proof that both parties want to get back together because they have previously said they want to get divorced. The couple must sign the document once the action is finished. The action is often filed in front of the court clerk, and the judge will only approve it if both couples have signed. In some jurisdictions, the couple may need to submit a petition for dismissal and release action. The order states that the procedure has been followed or that the hearing date has been established. Once the hearing has been arranged, both of you must show up. The judge will usually approve the respondent's release if they are present but do not oppose the dismissal or if they skip the hearing. Nonetheless, the petitioner must typically be present. Following that, the court will assist their spouse in receiving the notice that their divorce petition has been cancelled. Also, they could give you a copy of that withdrawal.
The Couple must reject the Counterclaim- A counter-claim might be the most common if a divorce was requested for a reason, such as adultery or desertion, as an objection to a divorce carried out without regard to a fault. Even if the petitioner withdraws the first action, if the counterclaim is still there, the case will once again be a "live" one. The divorce petition must be withdrawn while simultaneously ignoring the counterclaim. The same steps are followed to dismiss the petitioner's initial claim as well as to reject a counter-claim.

If you and your spouse cancel your divorce petition but now have retained lawyers to handle your divorce, one must close the case. Make sure you all get in touch with the lawyers to end your case.

If you and your spouse decide to put a stop to your divorce and remain married, you'll undoubtedly be seeking a fresh start. Counselling for relationships or marriage is one option. The couple must reconsider visiting a counsellor for the purpose of counselling to strengthen their marriage.

Even if the couple didn't utilize a lawyer when they filed for divorce, they could still consult one. Each situation has a different set of family court regulations. If their divorce proceedings are causing them problems and they would like to stop them, it is a good idea to speak with a divorce and family law expert.

You will need a lawyer to help you know the procedure to cancel the divorce proceedings if you don’t want to end your marriage. If you want to cancel the on-going divorce proceedings in Hyderabad, then Divorce Lawyers in Hyderabad can be hired, and if you want to cancel the on-going divorce proceedings in Mumbai, then Divorce Lawyers in Mumbai can be hired. Similarly, divorce lawyers in Bangalore can be employed if you want to cancel the on-going divorce proceedings in Bangalore.