A Change of Heart After Filing for Divorce

stopgoYou have completed the first steps to filing for divorce, let the court into your personal life, and filled out more paperwork than you ever thought possible. Even after all of this, what if you and your spouse have each had a change of heart and no longer want to go through with the split? Whether you want to stop the divorce altogether or just put a pause on things, there are ways to stop and dismiss or postpone your divorce proceedings as long as both spouses agree to do so.

Reconciliation Periods
Some states hold legislative codes that allow for the possibility of reconciliation in the middle of divorce cases. These provisions allow for parties involved to abate (put a hold on) proceedings so the couple can take more time to decide if they want to continue the divorce proceedings or terminate the litigation altogether. If you do this, the order will preserve your already existing divorce complaints so there is no need to re-file if you and your spouse decide to proceed with the divorce. In Arizona, the court can order couples counseling, which puts the order on hold for four months.

Stopping the Divorce Proceedings
If you and your spouse are sure that you want to eliminate the divorce altogether and don’t want or need anymore time to think about it, all states in the U.S. allow you to dismiss your petition for divorce without providing a great deal of explanation. Both parties must be aware in this part of the process that they are voluntarily withdrawing their plead for divorce. In some states, you are required to file a motion for dismissal, which the court will then review before granting your request.

After a Decree
If the Decree of Dissolution of Marriage has already been signed and issued by a judge, it is too late to change your mind about the divorce. Your only option is to remarry. Some states require a waiting period after a decree is signed before a couple can remarry, even if it is your ex-spouse.

If you and your spouse are unsure of whether or not to proceed with your divorce, it is important to seek legal advice to explore your options. At The Sampair Group, our high conflict resolution attorneys take the time to get to know you and the circumstances of your case. Contact an experienced divorce attorney today for a free initial consultation.