By Robin Roshkind, Esquire, West Palm Beach, Florida
If you are mad as hell and not going to take it anymore, and you file for divorce in the heat of the moment, what should you do if you have a change of heart? It depends…
In Palm Beach County divorce court, if you file a petition for dissolution of marriage, and you change your mind, you can withdraw your petition by filing a notice of voluntary dismissal. HOWEVER, if you spouse has already filed an answer to your petition, and a counter petition, your spouse’s counter petition is still active and there will still be a divorce case pending. So essentially, your spouse also has to file a notice of voluntary dismissal on his/her counter petition as well in order for there to be no divorce case pending.
This is dangerous. Because you may have changed your mind but there are no guarantees that your spouse has changed his/her mind also. In addition, once a case is dismissed by the court, in order to reinstate it if you ultimately decide to go forward with the divorce, you will have to pay a new filing fee, which presently is a whopping $419 to re open the closed divorce case.
So be careful! If you are in divorce court in Palm Beach County, make sure you and your spouse are both on the same page concerning dismissal of the divorce case in court. For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.