What happens if we reconcile and want to cancel the divorce?

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Last Updated on May 27, 2020

The processes of separation and divorce put a lot of things into perspective in a marriage. In fact, it is often during separation when couples finally take the time to ask questions, one of them being, “What got us here in the first place?”

When Separation Matters

There are other times when separation is a much-needed time to break out of a rut. Daily life, work, and the lack of time or money make it hard for us to get creative in our marriages and do things differently. When you add to this other stressors such as bad health, parenting problems, or other family situations, the strain in the relationship may get quite desperate. Often, things are resolved better by taking a quick breather.

Now, suppose that you separate, plan to divorce, and then realize that you have recuperated enough strength to give your marriage another “go.”
The good news? It can be done. The process is known as “divorce dismissal,” and can take place even after the papers have been filed.

Steps to Dismiss your Divorce Proceedings:

1. Make sure all of this is done after your papers have been filed.

A lot of couples assume that their divorce papers are filed right away. That is not the case. Sometimes, attorneys have a huge caseload, or they have a system in place where they file specific documents on certain days of the week. Communicate with your lawyer and make sure that the papers are still not filed before you can proceed to ask for dismissal.

2. The quicker, the better

Do not wait until a judgment has been made. Once divorce is declared and processed, the only thing you can do is start over with your partner again, on your own. To avoid all of this, just be swift once you have made the decision to dismiss.

3. Visit your country clerk.

Request a divorce dismissal form. If your partner has not filed a response, you can file the dismissal for on your own, without the consent of the other party. Again, be sure that no forms have been filed or that your partner had not made any hasty decision at some point in the past with his or her attorney.

4. OK, so a response WAS filed

You are still on time. If your partner had for whatever reason recorded and filed a response when the divorce was first decided, all you need to do is get your partner to sign the dismissal form together as spouses.

What Next?

If you suspect that there is hope for your marriage, we strongly recommend that you and your spouse have a deep conversation on the matter and put the pros and cons of staying together under perspective. Communication is the tool that solves everything.

The next step would be to consult with your attorney as to whether those pros and cons are viable. No matter what, the most important thing to consider is your physical, mental and financial stability. Without those tools, you cannot really fix any other issues.

The last step would be to make your final decision and stick with it. Both you and your spouse must be on the same mindset when the decision of dismissal is made. It saves a lot of emotional stress and psychological pressure. If you are willing to be a team again then your decisions should also be part of your teamwork.

Speak to a qualified NYC divorce attorney today, and see what are the best solutions for your in terms of your marriage. You will not regret it.