Legal Question in Family Law in Florida

withdrawing a divorce petition

State of Florida. Divorce case with no minor children. Wife contested divorce and wants more than half the marital assets and $5000 a month in alimony. Case has been infront of the judge for 2 years 3 months with 10 court dates. Nothing is resolved. Wife's attorney has started all over from day one. Husband wishes to withdraw petition and remove court ordered temporary support of $2500 monthly. Husband lives seperately from marital home. Can withdrawal be made? Can temp support stop? What has to be filed to do this? Will wife be entitled to anything ? She has marital home and all furnishings and her own vehicle. Does she have to agree to the withdrawal? Desertion should not apply, should it? $60,000 in attornies fees have not resulted in a divorce yet.


Asked on 2/16/07, 10:46 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: withdrawing a divorce petition

If the temporary support order does not have an "expiration date," you can motion to terminate temporary support. If you are the petitioner, you can do a notice of voluntary dismissal to stop the action. However, if she was the petitioner or if she responsed to your petition with a counter petition rather than just a response, you can't dismiss the case unilaterally.

If you do terminate the procedings, you will still be stuck with marital assets, though. Furthermore, you will still be jointly responsible for debts. So, unless you are getting back together, there will still be some unfinised business you might want to take care of.

Read more
Answered on 2/16/07, 1:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida