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22 Jul 16

What If I Want to Stop the Divorce After Filing Papers

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There are some situations where the spouse who filed for divorce wants to withdraw their petition for divorce. If you’re the spouse that did not file for divorce, you might not be able to stop the process. You can contest the divorce, but most courts will not force the filing spouse to remain married.

The Timing of the Process

If you wish to stop the divorce proceedings, you’ll need to consider the timing of your request. If there’s been no judgement from the court, the parties can stop the process. It’s easier to stop the divorce when it’s early in the process.

Filing a Notice

The spouse who filed for the divorce has to head to the court clerk’s office and file a Notice of Revocation. It could be called by a different name depending on the court. The clerk will be able to tell you what form you need. This form must be filled out completely and returned to the clerk who will stamp them.

Spouse’s Consent

If the divorce is too far along, the court might require the other spouse’s consent to stop the divorce. You’ll have to serve your spouse with a copy of the dismissal notice, or it can be done by the court itself. You don’t have to use a process server or a sheriff to deliver the notice.

Issues Stopping the Divorce

  • Other spouse wants to continue with the divorce
  • There are safety issues due to abuse
  • One spouse was pretending to stop the divorce as a delay tactic

Divorce Fraud

A spouse who pretends to file a notice to stop the divorce, or files a notice but files for divorce again can be charged with a crime. Divorce fraud can be a serious offense and result in contempt of court or criminal charges.

Counterclaims in the Proceedings

If your spouse answered the divorce petition with his own counterclaims, you might not be able to stop the divorce on your own. A counterclaim is a petition for divorce in answer to the original petition. This means that he’ll have to file a petition to stop the divorce too.

Property During the Divorce

If either side has gained property during the divorce proceedings, that property can become an asset of the marriage. If the couple was separated before or after the divorce petition, that issue can become complicated. The spouse may wish to have the property remain separate from the marriage.

Once the Divorce is Finalized

If the couple has waited too long to stop the divorce proceedings, it can become complicated to stop the divorce. If the judge has granted a judgement, you might have to file additional motions with the court to stop the judgement.

Mediation or Counseling

Some judges might order the couple into mediation or counseling to avoid a divorce. One of the spouses may ask the court to force the other side into mediation, but that might not always work. The courts don’t like when a spouse tries to delay the proceedings with unreasonable tactics.

While it’s easy to file a motion with the courthouse to stop a divorce in the early stages, in later stages of the proceedings, a lawyer will be needed. There are motions and processes in place to stop the divorce but only if both sides are agreeable. That is not always the case. A manhattan divorce lawyer can help with the entire divorce process including a motion to stop the divorce if that’s what you want.

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