Legal Question in Family Law in Wyoming

Re: withdrawing from a divorce filing

How you withdraw a complaint for divorce depends

primarily on where you are in the process.

If you have not served your spouse, you may file a

motion with the court to have it dismissed without

prejudice. In the alternative, you could ask your

process server to return the paperwork to you and

to not serve your spouse. You could then just wait

for the court to dismiss the action because you have

failed to prosecute it.

If you have served your spouse, and he/she has not

answered, you can also file a motion to dismiss without

prejudice. If your spouse answers only, without counter-

claiming against you, the court may well grant your

motion.

If your spouse has answered and counterclaimed, you may file a motion

to dismiss your complaint, but unless he/she files a similar motion to

dismiss their counterclaim, the case will be tried as if he/she were the

plaintiff and you were the defendant. In other words, your issues may not

receive the hearing you would like them to have.

In any of these examples, the court may require you appear at a hearing

before it will grant your motion. In all cases where you file a motion,

you need to file a proposed order granting the relief for which you have

asked.