Bemidji, MN asked in Divorce and Family Law for Minnesota

Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife wishes to try to reconcile in any way, I do still love her and made a promise to her and to God to be in this marriage for better or worse/etc...

As a Christian man, I would like to do what is right by the promise made to my God. Trial begins on Tuesday and I'm not sure how the judge is going to feel about my desire to remove my divorce petition. Can the judge prevent me from removing it? Separation of church and state? I'm just trying to get an idea of what to do going forward.

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1 Lawyer Answer
D. Patrick McCullough
D. Patrick McCullough
  • St. Paul, MN
  • Licensed in Minnesota

A: The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

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