What would we have to do to stop our divorce?
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 Filing this notice does not mean that the divorce will be withdrawn immediately.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.
Is it possible to postpone our divorce instead of withdrawing it?
When divorce proceedings begin, one or both spouses may be eager to rush through the process and get to the end. As the real date of divorce looms, however, it’s likely that one or both parties might want to postpone the divorce in order to have more time to think about its repercussions. When first sought, the divorce might seem like a good way to provoke change in a marriage. As both parties work through issues, they may discover that there are more reasons to consider staying than to continue through with finalizing a divorce.
There are many positive reasons to stay married. Children are often one of the best reasons to at least consider something like marriage counseling or working through tough issues in the marriage. Although any measures to save a marriage may ultimately fail in the end, it’s a positive step for both parties to know that they’ve done everything possible to save the marriage. If one or both parties change their mind as the final date for divorce approaches, they may want to delay the finalization.
Is it possible to postpone our divorce instead of withdrawing it?
It takes a lot of work and negotiation to get through divorce proceedings. Months of legal services may be already paid for, critical agreements may have been reached about custody, alimony, and property, and both parties may not want to lose that entire process by withdrawing a divorce. This means that if the marriage still ultimately ends in divorce, you’ve got to go through all of the legal steps you did before and start from scratch. Postponing a divorce, however, is possible.
Postponement gives both parties time to seek marriage counseling, receive mediation, and take other measures to save the marriage, without having to completely withdraw all of the progress made during prior divorce proceedings. In order to take this step, though, a judge has to agree on postponement. This is not an uncommon decision on the part of a judge, though, so take hope.
Postponing a divorce
Your lawyer will expertly guide you through all of the measures you must take to postpone, but not withdraw, your divorce. To do this, your lawyer will file a motion for continuance to the courts asking that the judge postpone the finalization of your divorce. While the judge considers the motion, you and your spouse have the opportunity to discuss the things that led to the divorce proceedings in the first place.
Many times, couples are able to use this valuable postponement time to receive counseling and mediation and to seriously contemplate the finality of a final divorce order. It’s worth noting that every couple who is currently divorcing once went to the same amount of effort to marry each other. This initial, early love can resurface even as the final date of divorce looms. Once the reality of divorce becomes clearer and it’s obvious that the marriage is about to end, it’s natural for couples to seriously contemplate whether they want this to happen.
Lawyers are able to file a motion of continuance with the courts and successfully negotiate other arrangements that might need to take place during the postponement (for example, marriage counseling). It’s necessary to show the court exactly why it’s worth it to postpone the divorce. It’s also worth noting that one party may disagree with postponing a divorce, thereby complicating the legal battle and necessitating the help of a good attorney even further. While one spouse’s feelings will not keep a judge from ordering a postponement, it’s worth noting that this simply buys more time for the person who doesn’t want the divorce to go through. Delaying it indefinitely likely won’t happen in cases.
Making the most of a postponement
It’s during the postponement that you have a final chance to make a case for marriage instead of divorce. Mediation can be an important part in this and both parties will have the opportunity to negotiate with each other or request certain things that might help avoid divorce (such as counseling). Ultimately, a judge will decide whether or not a divorce should be postponed. Having a good lawyer during this time is vital and it’s recommended that you seek the advice of a lawyer also before you ask for a postponement. Ideally, all divorces should be handled by knowledgeable lawyers who know the process well. Some of these motions can be filed by yourself though.