Sometimes somebody getting a divorce in West Virginia decides that they want to dismiss the divorce petition. The question at that point becomes if they can do it? The answer to that is generally yes. However, there’s a lot of considerations that come into play when it comes to this. One of the considerations is whether the other side actually agrees. Now, if the other side actually agrees, it’s a fairly simple process. What will happen if you both have attorneys, then they can do it by what they call an agreed order. One attorney to the spouse and the other attorney of the other spouse, get together and they come up with a court order that dismisses the case.
Now, sometimes the judges will require both of you and the attorneys assigned to actually sign the divorce order or the dismissal order. Depending on the judge, they’ll just allow the attorneys to sign on the spouse’s behalf. It’s really based on the circumstances and oftentimes up to the judge. Most of the time, the spouse’s divorcing will not be required to go into court to actually get the dismissal done. However, it is possible that the judge may require they actually go in and explain why they’re willing to not go through with the divorce. Whether it’s a good idea to actually dismiss the case is a totally separate subject. There are a number of reasons why one wouldn’t want to do it. One of the main considerations is that both of the spouse’s have put in a lot of money into actually getting the divorce already.
If they have put in attorney fees, then it’s a lot of money that they’re likely not going to get back. The other thing that could have an impact is if in the event that they want to get a divorce in the future, there’s going to be a different date of separation. One needs to know that other facts and circumstances are going to change by the time they would actually get around to divorcing. If the spouse’s are working without an attorney, then it might just be a matter of calling up the court. However, one representing themselves is less likely that they’re going to be able to do it without a hearing though, but it is possible.
