How to Stop a Divorce Case After the Papers Are Filed in Albuquerque, New Mexico?

 

STOPPING A DIVORCE CASE AFTER FILING IN ALBUQUERQUE, NEW MEXICO

 

Progress in motion is seemingly immutable. Once the big wheel begins turning at times it can appear to spin downhill in a manner that only Fortuna has the power to prevent.

A divorce in progress often feels like a force of nature that cannot be stopped or contained. In reality, the divorce process can be extinguished at any point after the Petition for Dissolution of Marriage has been filed, and before the Final Decree of Dissolution of Marriage has been granted.

In many cases the parties’ decide to rekindle their once burning flame, reconciling while the divorce is pending. In these situation there are several options for handling the legal wheel that has been petitioned into motion.

 

HOW LONG CAN A DIVORCE CASE BE PUT ON HOLD IN NEW MEXICO?

 

One path leading to a dismissal of the Petition for Dissolution of Marriage involves the choice of non-action. Because a divorce is not a self propelled process, the act of petitioning the court for a divorce does not complete all of the necessary steps that one is required to take before the presiding judge will sign the Final Decree that finalizes the requested divorce.

In divorces where no significant action has been taken for a period of time, the court has the discretion to dismiss the divorce after 180 days of inactivity, by filing its own motion for dismissal. The court’s action for lack of activity is called a Disposition Order for Lack of Prosecution. This Disposition Order is without prejudice, which means that either party can motion the court for reinstatement of the divorce within a 30 day period after receiving the Disposition Order.

 

HOW TO WITHDRAW OR DISMISS DIVORCE PETITION

 

For more immediate action the parties’ can take the matter into their own hands, filing a Notice of Withdrawal of Petition, in tandem with a Stipulated Order of Dismissal. The Notice of Withdrawal puts the court on notice that the Petitioner is withdrawing the Petition for Dissolution of Marriage that was previously filed with the court. The accompanying Stipulated Order of Dismissal lays out the factual basis for the requested Dismissal and must be signed by the presiding judge and all parties to the divorce.

Once the Stipulated Order is signed by all of the requisite parties, and then filed with the court, the judge will sign the Order in about one week. Once these steps are complete the Petition for Dissolution of Marriage is dismissed without prejudice and the parties will remain legally married until further action is taken with the court to reinstate the Petition for Dissolution of Marriage.

 

CAN A DISMISSED DIVORCE CASE BE REOPENED IN NEW MEXICO?

 

If your divorce case was dismissed for lack of prosecution (i.e. no activity for 180 days), you can reopen the case by filing a Motion to Reinstate Case.  If your case was dismissed by filing a Notice of Withdrawal and Stipulated Order, the case can be reopened by refiling the Petition for Dissolution of Marriage.

 

(505) SANCHEZ IS HERE TO TALK TO YOU ABOUT HOW TO STOP A DIVORCE CASE AFTER THE PAPERS ARE FILED IN ALBUQUERQUE, NEW MEXICO

Do you still have questions about how to stop a divorce after the papers are filed in Albuquerque, New Mexico?  Divorce often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.   Sanchez can be reached by calling (505) SANCHEZ.