Deciding to get married is one of the biggest decisions you can make, as is the decision to get divorced. Sometimes people say or do things in the heat of the moment or if they believe it is their only option, but later regret their decision. If you change your mind after filing for divorce, you may be able to halt the proceedings and stay with your spouse. For more information and representation, work with an experienced Union County divorce attorney.
Can I Change My Mind After Filing for Divorce?
Yes, you can change your mind after filing for divorce, given that certain circumstances apply. First of all, both you and your spouse have to agree to stop the proceedings. If you decide that you want to remain together but your spouse still wants to go through with the divorce, then the divorce will continue. As long as both of you are on the same page, you can take the necessary steps to stay together.
The other important consideration is how far along you are in the divorce process. If the Final Judgment of Divorce, or the divorce decree, has already been signed and filed by the judge, then your marriage has been officially terminated. There is no way to undo this action. If you truly want to be with your spouse you will have to get remarried.
How Can I Stop the Divorce Process?
Stopping the divorce process is quite simple. Once you determine that both you and your spouse want to remain married, simply consult with your divorce lawyer for help filing the Motion to Dismiss. A Motion to Dismiss is a formal document that can be filed with the court to request that they end the divorce proceedings.
By filing this motion, you are formally withdrawing the petition from the court. You must file the document with the required paperwork, including your case number and the reason for the dismissal.
What if I Change My Mind Again?
Although it can be frustrating and confusing, many spouses end up flip-flopping back and forth between wanting to remain married and wanting to get divorced. Ending your marriage is a big deal so it is important to take the time to make the decision that is best for you.
If you and your spouse file the Motion to Dismiss your divorce case, you may remain married forever or you may develop more problems down the road. If you decide that you do want to get divorced after all, you will have to start from scratch. The dismissal makes it so that the case no longer exists. There is no way to pick up from where you left off. Instead, whether you change your mind the very next day or in 10 years, you will have to start at the beginning and file the official petition for divorce again.
If you are considering getting a divorce and have questions regarding your legal rights and options, reach out to a skilled attorney at Ross & Calandrillo, LLC today to discuss your situation.
