Typically, divorce is a last resort for most couples. It’s a decision reached only after all other measures have failed. For those who haven’t yet tried all other options, doing so is always advised. The truth about marriage is that it is never easy. It takes hard work on the part of both spouses. Sometimes, issues that seem insurmountable actually aren’t. Couples simply need help learning to communicate effectively and to work through conflict productively. In these cases, although the marriage can’t always be saved – sometimes it can.
In some cases, couples realize that their marriage can be saved before they file for divorce. Obviously, that is ideal. In other situations, however, a couple may have already started the divorce process, only to later realize that they may have second thoughts.
There might be any number of reasons for this. A couple may have made significant progress toward resolving a difficult issue. Or they may have decided to remain separated but wait to begin divorce proceedings until their children are older. Perhaps they might decide to wait until each spouse earns enough money such that two households can be supported.
Whatever the case may be, the good news is that contrary to what some people believe, the divorce process is not irreversible. A couple can decide to change course and stop the process if they have a change of heart.
A Closer Look at North Carolina Law
North Carolina is actually one of the states that allows the parties the most flexibility to voluntarily dismiss a legal action when and if they have second thoughts. Particularly when it comes to divorce, North Carolina gives couples a significant amount of time to truly consider the decision and be certain it is the best choice for their situation. In addition to a six-month state residency requirement, there is also a one-year separation period prior to the time that a couple can commence a divorce. As a result, there is ample time for a couple to truly think through the decision to divorce.
In North Carolina, during the required one-year separation period, a couple can choose to reconcile without having to take any specific legal action, as a divorce petition would not yet have been filed. Even following the one-year separation, if a divorce action has been filed, a couple can choose to withdraw the divorce request if they wish to remain married after all.
To do so, the spouse who filed the initial petition for divorce (also called the “petitioner”) will need to file a “notice of dismissal” at any time prior to the time that the petitioner’s case is fully presented. Those who wish to do so can use North Carolina’s AOC-CV-405 document. It is important to keep in mind, however, that one spouse’s voluntary dismissal won’t necessarily terminate the case. If the other spouse has filed claims in the case, those claims will remain active unless that spouse chooses to withdraw them as well, and the spouses move for the voluntary dismissal of all claims together.
What Steps Should You Take?
Those who have decided to pursue a voluntary dismissal need to follow three basic steps:
- First, draft a motion for voluntary dismissal. This can be done either by the spouse who initiated the divorce or by both spouses together.
- File the motion for voluntary dismissal in the county court of North Carolina where the action was initially filed. If both parties are in agreement, the court will dismiss the action at that time via an official order.
- Pay any court costs and/or fees which were incurred for the divorce up and until the date the motion is granted. If the motion was filed jointly, the parties will share the expenses. If the motion is filed by one party only, that party will be responsible for the expenses. Each spouse will typically remain responsible for his or her own attorney fees.
It is also important to keep in mind that voluntary dismissal does not prevent a couple from later deciding to pursue the divorce process. Those who decide to do so, however, may have to begin again at the first step of the process. This will usually depend upon whether or not the case was dismissed “with prejudice” or “without prejudice”.
If the case was dismissed “with prejudice,” then typically, the couple will have to begin the process again from the first step. If the case was dismissed “without prejudice,” a couple can usually re-open their prior case and begin again from where they were, provided they had not resumed living together. Couples who have resumed living together would need another year of separation to occur before being able to resume the process.
The Law Office of Dustin McCrary – Here for You
At the Law Office of Dustin McCrary, we understand divorce. We have compassion for our clients and the difficulties of this journey, and we’re here to help. Wherever you find yourself in this process, we’ll meet you where you are, and we’ll help you move forward. Divorce is all we do, and we’re committed to giving each and every client the excellent representation their case deserves. Although it’s a painful process, it can be the beginning of a better and brighter chapter ahead. We’ll help you get there. Give us a call today. We look forward to speaking with you soon.