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What would we have to do to stop our divorce?

By Spodek Law Group | July 27, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:27 pm

In cases where a couple that had filed for a divorce decides they want to remain married, there are several things that need to be considered. First, both parties must be willing to stay married. If only one of the parties wants to get a divorce, it may be difficult to stop the proceedings. Additionally, the timing of the request will determine whether the divorce can be stopped. If the court has not issued a judgment on the case, the couple can remain married through mutual agreement.

Filing A Notice of Revocation

When a couple decides to stop divorce proceedings, they must file a notice of revocation. This is a request to the court to disregard the divorce petition. When filing a notice of revocation, the couple should be prepared to pay court costs and filing fees. Filing this notice does not mean that the divorce will be withdrawn immediately. After the court reviews the notice, the couple will be required to go through counseling or mediation to make sure they are both of thinking rationally and that their decision is mutual.

How To Deal With Property Acquisition

After a divorce withdrawal has been finalized, the court will terminate the divorce proceedings and the couple will maintain their marriage status. If in the course of the divorce proceedings some property was acquired, it will still be considered community property even after reconciliation. However, where the couple had been separated while the divorce proceedings were underway, the court may classify any acquired property as separate instead of marital. The court may reclassify the property if the partners reconcile.

Issues Related to Stopping a Divorce

Most couples expect few obstacles when they decide to stop a divorce but this is not always the case. For example, there are some cases where one spouse may have a change of heart and decide they want to go through with the divorce. This will pose a huge obstacle to the process. In other cases, there may be children involved in a divorce case and the court will want to make a decision that is in the best interest of the child. This is especially true if a spouse sought for a divorce because of abuse or domestic violence. Before the court decides to dismiss a divorce with such underlying issues, the couple will be required to undergo medical or psychological examinations to ensure all is well.

In some situations, one spouse may pretend that they want to stop a divorce so they can stall the process hoping to get better terms. The courts frown upon such conduct and if a person is found guilty, they may be charged with contempt of court or some other criminal charges.

Is There a Statutory Limit For Stopping a Divorce?

While the law does not forbid parties from reconciling during a divorce proceeding, they are required to do so within a set time before the divorce is finalized. The statutory limitations for stopping a divorce vary depending on one’s jurisdiction. For example, in California, couples have a 6 month window in case they want to revoke their divorce. In South Carolina and New York, the statutory period is one year. Couples are advised to consult a divorce lawyer so they can determine whether they can withdraw from a divorce.

In cases where a couple misses the statutory deadline, stopping a divorce may be quite a challenge. Either spouse may be required to file additional motions in court to revoke the divorce proceeding.

Considerations One Should Make Before Attempting to Stop a Divorce

If you and your spouse decide to stop a divorce, there are certain considerations you need to make. First of all, you need to be sure that your partner will not go back on their decision. Secondly, you need to make sure that all your irreconcilable differences have been settled. Last but not least, you should ensure that you stop the divorce within the time limit provided for in your jurisdiction.

Summing It Up

While stopping a divorce is a big decision for couples, it may be the best choice where children are involved and when the issues leading to the divorce are minor. The process involves filing a notice of revocation and leaving the court to decide on the matter. It is advisable to hire an attorney to help plead your case in court.

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