Is It Possible To Cancel a Divorce?
It is not uncommon for either or both parties to decide to dismiss a case that has already been filed with the court. One of the more common examples of this occurs when a party has second thoughts after filing for divorce. In Nevada specifically, there are two ways that you can cancel, or dismiss, a case that has already been filed.
- The first way for you to do this, is to file a notice of dismissal with the court. Now, when you do this, be sure to file this notice without prejudice. Doing so will give you an opportunity to later file the same case if you so choose to. So, for example, you file a divorce, you change your mind, you reconcile, maybe a year or six months later you decide it’s not working out and you want to file the case again. If you filed a notice of dismissal without prejudice then you will not be precluded from doing so.
- The second way for you to dismiss a case that has already been filed, is to simply do nothing. Once a case has been filed and there is no activity in that case for about six months or so, the court will automatically dismiss the case for lack of activity on that case. Again, this will be dismissed without prejudice, so that later if you choose to file the same case again, you are not precluded from doing that.
Keep in mind that both these options are only available to the plaintiff, or the party that filed the complaint for divorce. If you are the defendant, then doing nothing may in fact worsen the situation. If a defendant fails to respond to a complaint of divorce, the case may continue on uncontested allowing the plaintiff to be awarded everything they had asked for in the complaint. Read more about the Divorce Process in our blog, “What Are The Steps Of The Divorce Process?”
While it can become expensive to start, stop and restart a family law case, it is important to know that if you do change your mind at any time in the process, that there are options available to you. If you are considering filing for divorce or would like to explore your options, please do not hesitate to contact our office to discuss your case in detail. To schedule a consultation, contact our office at (702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.
For additional resources on divorce, or other Family Law topics, be sure to check out our Family Law blog, podcast, and Family Law TV playlist on Youtube.