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

December 31, 2016 Blog

Divorce is the final step to ending a marriage. It is often the case that many people have second thoughts when going through this difficult process. Old feelings and memories come rushing back to make people rethink their drastic decision to move on. It is advisable to remember the reasons that landed you in divorce court in the first place. Those issues will not go away on their own. Yes, a marriage can be salvaged, but it is going to take counseling, patience, and a whole lot of understanding. If you still feel that you have rushed your decision, there are a few things that can be done to recuse your request.

Answer and Counter Claims

First, you need to find out if a motion or counterclaim has been filed against you. It is common in divorce that the other side will file a motion of their own. The one who files the paperwork for divorce is the petitioner. The one who is required to answer the motion is the respondent or defendant. You need to find out what has been filed in the case as those motions may need your attention. Your attorney can help you with this step. We can easily access court records and get you the information needed. The plaintiff or petitioner can end the case if no answer has been filed. There is no fee to withdraw your case, and you do not owe the court any explanations.

Motion For Abatement

One of the easiest things to do that is beneficial for both parties is a “Motion for Abatement.” This motion puts the divorce on hold for a specific period of time. If you think reconciliation is possible, this motion will give you the time to do so. It will also not dismiss your filing, so you will not lose any money spent on the proceedings. The paperwork is still done, but the case just remains on hold. At the end of the allotted time, if you have reconciled, we can file another motion. However, if things go back to their old patterns and reconciliation is not possible, we can continue with the proceedings. If you feel that there is hope for your marriage, this motion is the best course of action.

Dismiss Your Divorce

The last course of action is to dismiss the divorce. If you feel that things are on the right track and you have no second thoughts, we can file a motion to dismiss the case. The divorce will be as if it never happened. If you should decide further down the line that you want to divorce again, you will need to file a whole new set of papers and start the proceedings over.

Things To Keep In Mind

You can file either of these motions right up until the time the judge signs off on the final divorce decree. People start the divorce proceeding and stop it all the time. You are not alone in your quest to save your marriage. As legal counsel, you will be advised that the “Motion for Abatement” is the best option until you are sure things are going to work out. It takes a few minutes to get married and months to end a marriage. There are many legal issues and things that must be conquered to sever the union. However, as a family lawyer, we will help you each step of the way. The process is long, hard, and difficult, but we can help you to ensure you are making the best choices for you and your family.



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