Can we stop our divorce if we’ve changed our minds?

Posted By Adam Denton, Personal Injury On October 10, 2017

Getting married is a big decision, but it’s often an easy decision for those who are in love and having the time of their lives. When someone asks you to be his wife and you agree, you can’t imagine life without this person. This is the person you want to share with you the rest of your future, and you can’t imagine ever feeling anything but overwhelming joy and happiness with him. When you get married, life calms down a bit in the romance department. Work, kids, your home, travel, and all the other things that keep you busy take over and leave you feeling a little less than happy.

You begin fighting, you drift apart, you lose the spark you once had. You might decide you aren’t sure this is what you signed up for, and you begin to think about how much more enjoyable life would be with someone else or on your own. When you finally make the decision to get divorced, it’s a sad moment. It’s easy for some, and it’s a difficult decision for others. Either way, you’re going to need to go down to the local Clerk of Court’s office and file the appropriate paperwork to begin the process.

Filing For Divorce

The first step is an easy one. You go to the office of the Clerk of Court and you ask for the divorce decree. It asks you many things, such as what you want to have in the divorce, if you have kids, who gets the kids, and if you want alimony if that’s an option in your state and in your marriage. Once you fill it out, you turn it into the Clerk’s office and your spouse is served. He can either accept the terms outlined in your petition for divorce or respond with his own demands.

You might go to mediation, you might hire an attorney, and you might even fight over things. At some point, you might decide for your own sake or the sake of your kids that perhaps your marriage really isn’t over. Maybe you do love one another and want to give this another shot. That is great news.

Can I stop my divorce?

Perhaps you hastily applied for a divorce and you’ve changed your mind. You can stop it, but there are some stipulations to that general rule. The first has to do with your spouse. If he has not been served paperwork yet, you can stop the divorce without him ever finding out you even submitted a petition for it. If he’s already been served, you have to get him to agree to stop the divorce.

Once he’s been served, you must both agree in writing to stop the process. You must do this prior to the end of your marriage being granted by the court. If the divorce decree is already signed and submitted to the court by the judge, it’s too late. However, the judge would love to see you work on your marriage and decide to stay married than getting divorced, so he or she is happy to stop the divorce if you both agree before it’s been finalized.

Your attorney can help file a petition to stop the divorce so long as you both sign it and agree when you meet with a judge. It is not too late to save your marriage even if you assume it’s already too late. You have time before the petition is finalized and the decree is issued. However, you must get your spouse to agree that your marriage is worth saving. Without his agreement, the divorce will continue even if you change your mind about it and want to stay married. Think it through, but know you do have options even when the process is ongoing.