How to Stop a Divorce If You Change Your Mind?

How to Stop a Divorce If You Change Your Mind

A legal termination of a marriage warrants a strong need from both or either of the spouses. When all has been thought over or discussed about and there is a compelling need to dissolve a marriage legally, divorce might be a suitable option. But this has to be a well thought over decision since it can involve more than two parties and their emotional and physical welfare. When you make a concrete decision and go ahead and file the papers for divorce and later seem to have a change of mind because of some genuine reason, the law also permits you to stop the divorce.

It is not too late and with the right proceedings, you can stop your divorce from happening. A divorce proceeding can be stopped in two ways: Motion to Abate Proceedings and Motion to Voluntarily Dismiss Dissolution Proceedings.

Motion to Abate Proceedings

Filing this petition does not stop your divorce but buys some more time from the eyes of law to see if any remedial action can be taken to better the relationship. In other words, it means holding the proceedings for a period of time. The duration of reconciliation for both parties is dependent upon the law of the State or County. During this period, the parties can choose to go for marriage counseling or live apart. During this time or at the end of the period, if either of the spouses intends to proceed with the divorce, they can do so by filing a Motion to Continue the divorce.

Motion to Voluntarily Dismiss Dissolution Proceedings

When there is a decision to reconcile between both parties and neither wants to proceed with the divorce, the original petitioner of the divorce can file a Motion to Voluntarily Dismiss Dissolution Proceedings. When a joint divorce is filed, either of the spouses can withdraw the request. To file such a petition, it is necessary for both parties to come to a consensus on reconciliation.

Even when one party does not accept, the petition is not considered valid or binding. On mutual consensus for stopping divorce, the petition will render the case closed in front of the law. However, at a later point in time, if you think reconciliation has not proved beneficial, you can continue with filing a divorce petition but things will have begin from scratch yet again. A new filing fee will have to be paid.

Such a filing is quite expensive and it is always better to think over the issue and only when fully convinced, should you proceed with divorce.

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