Does a Divorce Petition or Complaint Ever Expire?
A question that sometimes arises before divorce proceedings start is whether a divorce petition or complaint can expire if not acted upon promptly. This question is particularly pertinent for individuals who may have initiated the process but then decided to pause for various reasons.
Does a divorce petition expire?
A divorce petition, also known as a complaint for divorce, is a legal document that initiates the divorce process. It is typically filed by the spouse seeking a dissolution of marriage, known as the petitioner. The other person is typically known as the respondent or defendant.
The petition outlines the grounds for divorce, details about the marriage (such as children, assets, and debts), and the desired terms of the divorce (such as child custody and division of marital property).
There are various reasons why someone might wonder if their petition has expired. For instance, they may have filed the petition with the intention to divorce but then failed to take further action due to personal circumstances, a change in the relationship, or simply a change of heart.
In most jurisdictions, a divorce petition does not automatically expire. However, the court may dismiss the case if there is no activity for a certain period, typically around one year. This is done to keep the court docket clear of inactive cases. If you wish to proceed with the divorce after your case has been dismissed, you generally need to file a new petition.
It's important to note that divorce laws and the rules regarding the dismissal of inactive cases can vary from state to state. Some states may require a shorter or longer period of inactivity before a case is dismissed.
Therefore, it's advisable to consult a divorce attorney or legal expert to understand the specific laws applicable in your jurisdiction.
What if I petitioned a long time ago and now want to act on the divorce?
If you previously filed a divorce petition and now wish to proceed with the divorce, the first step is to check the status of your case. This can be done with the court clerk’s office. If your case has not been dismissed, you can likely pick up where you left off. If your case has been dismissed, you will likely need to file a new petition.
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FAQ
How can I retract my divorce petition?
If you have filed a divorce petition and now wish to retract it, you will generally need to file a motion to dismiss. The process for this varies by state, so it's best to consult with a local attorney.
Can I refile for divorce if my case was dismissed due to inactivity?
Yes, if your divorce case was dismissed due to inactivity, you can typically refile for divorce. However, you would usually need to start the process from the beginning, including paying any applicable filing fees.
If you need help with anything related to your divorce, from filing the petition for dissolution of marriage to finding the right divorce forms to understanding how a counter-petition works, we’ve got your back. At Hello Divorce, we specialize in helping people make it through their divorce process with as little stress and expense as possible. Schedule a free 15-minute informational call with us to learn more.
FAQs
Does a divorce petition or complaint expire?
Yes, in some states a divorce petition can expire if no action is taken within a certain timeframe. Each state has its own rules about deadlines and case dismissal for inactivity.
What happens if my divorce petition expires?
If your petition expires or is dismissed for inactivity, you may need to refile your case and pay new filing fees.
How can I prevent my divorce petition from expiring?
You must move your case forward by serving your spouse, filing required documents, or requesting hearings as required by your state’s court rules.
Is there a time limit to serve divorce papers?
Yes. Most states require you to serve divorce papers within a specific period, such as 30 to 120 days after filing.
Can I reopen an expired divorce case?
In most cases, you cannot reopen an expired case. Instead, you will need to file a new petition to restart the process.
Do I have to pay fees again if I refile?
Yes. If your case is dismissed and you refile, you will typically need to pay filing fees again unless the court grants a waiver.
How to Keep a Divorce Petition from Expiring
Check state deadlines
Review your state’s rules on how long you have to serve divorce papers and move your case forward.
Serve your spouse promptly
Deliver the divorce papers to your spouse within the required timeframe to keep the case active.
File required documents
Submit financial disclosures, settlement agreements, or parenting plans as required by your state.
Request hearings if needed
Ask the court to schedule status conferences or hearings to avoid your case being dismissed for inactivity.
Monitor court notices
Watch for any court deadlines or dismissal warnings and respond immediately to keep your case alive.
Seek extensions if necessary
If you need more time, request an extension from the court before the expiration date passes.
