Once a divorce petition has been filed in South Carolina, most people think the marriage is all but over. While filing for divorce is typically the beginning of the end, there are many situations where one or both parties may decide they no longer want to move forward with a divorce. Calling it off is possible so long as certain requirements are met.
Once a party decides they want to halt the process, which can be done any time prior to a final hearing, a Motion to Dismiss needs to be filed with the court. The motion will be captioned just like the original divorce petition, with the name of the court, name of the parties, and the case number.
In the body of the motion, the moving party must ask the court to dismiss the pleadings that he or she originally filed, explaining why the dismissal should be granted. Once this paperwork has been filed, a hearing date will likely be set by the Court to hear arguments on the matter, and an Order will be issued after the Court hears from both parties.
If your spouse agrees with your request for a dismissal, most courts will not require a hearing, and both parties can sign a Consent Order for Dismissal to dismiss the case. Though most couples won't need to worry about the particulars involved in filing a Motion to Dismiss, it is helpful to know that the option exists for those couples that may be reconsidering a divorce. And that's how to dismiss a divorce case.