Will judge grant the withdrawal request so close to the hearing?
Getting married is typically a happy day for most couples, and sometimes getting divorced is another very happy day for some couples. However, some people decide to get a divorce before realizing they simply don’t want to be apart. It sometimes takes the act of getting divorced, filing the papers, and making the decision to go through with things for couples to realize their problems aren’t so big and they do want to work things out. This leaves many couples wondering how they can change their mind when they’re in the middle of a divorce, especially if the divorce hearing is near.
Can I stop a divorce?
You can stop your divorce. If you’ve filed papers and they’ve not yet been served to your spouse, you can ask the court to tear them up and forget the divorce without an issue. If the papers were already served to your spouse, you can still ask the court to dismiss the case and stop the process by submitting a withdrawal request. This request must be signed by both parties once the papers were served to your spouse.
If you cannot both agree on stopping the divorce, it’s too late. However, if you both decide your marriage is worth working on, you can get your spouse to sign the paper and submit it to the court. Even if the hearing is near, you might still find the court is willing to end this before it’s been finalized. Most judges want to see the couples in their courtrooms work things out. Divorce is rarely a good thing for all people, and seeing couples work it out and make a go of their future together is happy for many.
The only time you cannot stop a divorce is after it’s been finalized. Once this happens, the court will not tear up that paperwork and move on. You’ll need to get remarried if you wish to be married to one another. If you both show you want to keep the marriage intact and make it work before the final hearing, however, you will probably get your wish.
Call an Attorney
If you want to keep your marriage intact, call your attorney and ask him to file a withdrawal request immediately. If the hearing is near, you no longer have time to waste on this. You need the judge to get the request to put an end to the proceedings right away if you want a chance to stay married. If he doesn’t get it in time, you will go through with your divorce and it’s too late.
Before you decide to call it quits on your marriage, think it through. Sometimes decisions like this are made in the heat of the moment and they aren’t good decisions. You want to be sure this is what you want so you don’t have to worry about filing additional paperwork and asking permission to stay married. Give it a chance, figure it out, and do what you need to do to keep your marriage intact. Let your attorney handle the details, and be sure you can get him to file the paperwork as quickly as possible once you both change your minds and before it’s too late.