How to Withdraw Divorce Paperwork in North Carolina
- 1). Contact your lawyer, if you have one. Use the attorney to start the dismissal of divorce proceedings, especially if you have paid in advance for her services.
- 2). Contact the North Carolina county where the divorce was filed. Use the North Carolina Court System's website for information regarding contact information for all local courts in the state.
- 3). Call the county courthouse, and ask the clerk if a Notice of Voluntary Dismissal is an accepted form for use in the case to stop divorce proceedings. Ask the clerk if the form should mailed or hand delivered, and what filing fees will be due when the form is submitted.
- 4). Obtain a copy of the Notice Of Voluntary Dismissal, which is made available through the North Carolina Court System. Fill out the entire form. Make sure to use full, legal names, and ensure that the person who filed for divorce is the one who signs the withdrawal petition.
- 5). Make copies of the completed form and store them in a safe location. Send a copy to the attorneys representing both parties, and make sure both parties in the divorce case have a copy of the form. Mail the original form to the clerk of courts. Send the form by certified postal service, return receipt requested, to ensure delivery. If the clerk instructed hand delivery of the form, take the form to the courthouse as soon as possible. Enclose applicable court filing fees to ensure the form is processed properly.
- 6). Compose a letter to the judge presiding over the divorce case. If you are unsure which judge was handling the divorce, call and ask the clerk of courts at the county courthouse for that information. Send a letter thanking the judge for his time and attention to the matter, enclose a copy of the petition to stop the divorce proceedings and reiterate that both parties do not wish for the divorce to occur. Use proper salutations when addressing the letter to the judge.
- 7). Contact the clerk at the courthouse five to ten business days after sending in the form to ensure that is had been received. Ask for a status update on the case to verify that the original divorce petition has been made null and void. Request written proof stating that the divorce and all proceedings have stopped. Send this verification information to all involved parties, including attorneys.