Divorcing Couples: Can You Stop the Divorce?


A divorce is one of the few legal matters where the parties may change their minds during the process. Divorce is a highly emotional process and a serious life change. If you reconcile with your spouse during the process, is there anything that you can do? The answer depends on how far into the divorce you are.

Before and After You File Paperwork

If you haven’t filed any paperwork yet, then there is nothing that you have to do. Don’t file the petition and you do not have to continue with the divorce. However, if you have already filed the paperwork, then it may be a little more complicated. You can ask your attorney to file a motion that dismisses your case. You can also ask for a motion that will suspend any further proceedings. Once you file the petition, you have to pay the filing fee. Even if you want to stop the process, you cannot have a refund on those costs. If you have any intention of trying to reconcile with your spouse, you may want to suspend the proceedings during the process so that you don’t have to pay the filing fee.

The person who filed the petition can also dismiss the case without any questions asked. If you decide to get divorced in the future, however, you will have to start the whole process over.

When the Divorce Is Over

If your divorce is almost over, you will have a more difficult time stopping it from happening. The divorce settlement is a binding contract. If you signed it and sent the settlement to a judge, then the attorneys will have to act quickly. The attorneys would file a motion that asks the court not to judge on the settlement.

Once the judge enters the divorce decree, there is very little that you can do to stop it. If it has been less than 30 days, then the attorneys may be able to ask for the judge to reverse his or her decision. However, after 30 days or if the judge refuses to rescind it, then there is nothing that you can do. You are officially divorced and if you want to be married, you would have to remarry.

If you have started the divorce process but are having second thoughts, you need to bring it up to your lawyer as soon as possible. A discussion with a family lawyer to find out more.