Some people file for divorce after months or years of counseling and trying hard to make the marriage work. Others file for divorce with no attempt to save the marriage. In either category, there are some people who file for divorce and later change their mind. Such is the case with Pamela Anderson and Rick Salomon. Pamela Anderson Files for Divorce from Rick Salomon Again, by Michele Corriston, people.com, February 12, 2015. Anderson and Salomon married in 2007, and had the marriage annulled two months later. They then married again in early 2014. Anderson filed for divorce a few months later, but then dismissed her petition in August 2014. Now, six months later, Anderson has filed for divorce from Salomon again. Going back and forth this many times may not be common, but it does happen. So, what do you need to do if you have filed for divorce, but want to give your marriage another chance?
The first and most important thing you need to do is to make sure you and your spouse are on the same page about the dismissal. This may seem like common sense, but often spouses do not see eye to eye on this. A spouse may be willing to try marriage counseling, but wants to keep the divorce case going just in case. If you have changed your mind, but he hasn't, then there is no need to dismiss the case, as he will likely file a petition for divorce a short time later.
If you are on the same page about dismissal, you will need to file a Motion to Dismiss your divorce petition. The petition should be filed without prejudice, which means you are free to file it again at any time. If your spouse has filed any counterclaims, those must be dismissed as well. Often, a respondent in a divorce case files and Answer and Counterclaim to the Petition for Divorce. This means that there is also a claim for divorce against the petitioner/filing party. If this is not dismissed, the divorce case will continue on those claims. Once the divorce petition and any counterclaims have been dismissed, the case will be removed from the court's docket and you will not longer have to worry about it.
It should be noted that, if you dismiss your divorce case and then later decide to file again, you have to start all over. Thus, you will again have to file a Petition for Divorce and have your spouse served with all of the required documents. It will be a completely new case with a new case number, so you will have to modify anything filed in the previous case.