22 Jul 16

Is it possible to postpone our divorce instead of withdrawing it?

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Is it Possible to Postpone Our Divorce Instead of Withdrawing it?

Divorce is a very difficult and life-changing experience that many never anticipate. But not every divorce proceeding has to lead to divorce. In fact, there are a couple of things you can consider doing to help postpone a divorce instead of completely withdrawing to give time to make such a difficult and final decision. If you feel slowing down a divorce proceeding is necessary to possibly stop the proceedings altogether, it is best to try to find resolution before finalizing the order.

Consider Everyone Involved

A divorce typically does not only affect the spouses; but also family and friends as well. Divorce breaks up families and separates everything involving the divorce; therefore, if postponing a divorce can possibly help stop a divorce from occurring, it may be a great thing to consider.

Talk to Your NYC Divorce Attorney

It is always recommended to discuss any legal issues with a lawyer in order to ensure accurate information is provided. Lawyers can handle your case individually and will be there to meet all of your needs. This would also entail filing a motion for continuance to the courts for the judge to postpone the divorce proceedings. This will give you and your spouse time to find resolution to your potential and underlying issues that led to consider divorce.

Ask The Judge

If you are not able to hire a lawyer, filing a motion for continuance in the courts yourself would be a good start. Once the courts process your paperwork, they can set a date to appear in front of a judge for which you can plea for a later date. Divorce is a very common case load in the court systems, so trying to avoid granting a divorce is probably something a judge would like to see for once. Providing the judge with a reasonable excuse however, would need to be accepted.

Ask for Mediation

Mediation is oftentimes used to handle divorce proceedings whether or not a lawyer is involved; and is also preferred over taking the divorce to the courts. Mediation entails each spouse appearing in front of a mediator, or your lawyers acting as your mediators to help both parties discuss options for divorce. This also helps the courts with getting backed up. During mediation, a separation agreement could be put into place if they wish to try and resolve their issues to possibly attend marriage counseling or other forms of reconciliation to avoid divorce.

What If My Spouse Does Not Want to Postpone the Divorce?

Some spouses may not really want to get a divorce, but just looking for changes to better their relationship. Trying to discuss postponing the divorce to discuss options of counseling and finding resolution to settling their differences may be enough for some marriages. Giving them a possible time frame to see how things work may suffice for some. However, there are some that simply do not want to try and make things work. Ultimately, the decision is not up to the spouse when a judge is involved; however, they will hear both sides. Only a judge can sign off on a divorce; therefore, by submitting the “motion for continuance,” can ensure you at least have a change to stop the divorce by being granted more time.

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