24/7 call for a free consultation 888-504-2746

AS SEEN ON

Blog

What if I want to stop the divorce after I already filed the papers?

July 17, 2017

The decision to divorce is never an easy decision to come to, but it’s one many people choose when they feel all other options have been exhausted. If you’re one of the many people who has tried to make your marriage work to no avail, you might decide it’s time to file paperwork to begin the process of divorcing your spouse. Perhaps you can’t handle the lack of love or respect anymore. Perhaps your spouse does nothing but make you feel horrible, or you fight all the time, or you simply fell out of love.

Whatever your reasons, you no longer want to be married and you’re certain this is the best choice. You file paperwork with your local Clerk of Court, and now you’re officially in the process of getting a divorce. It’s a long process in most places due to a mandatory waiting time in most states. If during that time your spouse decides that he or she must change to make things work, you might decide to call off the divorce and try one more time.

Sometimes it’s filing that paperwork that makes the other spouse realize you’re serious when you say you can’t do this anymore and ask for change in your marriage. It’s not ideal, but some people need to learn the hard way. If you file for divorce and decide to call it off, you have the right to do just that.

Can I stop my divorce?

Yes, you can. There are a few laws, stipulations, and requirements to consider first, but you do have the power to stop your divorce. The only time this is not true is if you are not the spouse who filed the paperwork. Only the filing spouse is able to stop divorce proceedings. The other spouse can’t stop the paperwork and the divorce simply because he or she doesn’t want it. Either both parties must agree or at least the person who filed must agree.

How to Stop A Divorce After Papers Are Filed

Go to your local courthouse. You’re going to ask the clerk to file a petition to stop the divorce papers from going through. It must be the courthouse in which you filed for divorce. There is a specific paper you must fill out, and it’s best to get it at the courthouse rather than on the internet. The paperwork isn’t always the same online as it is in the court, and you want to do this the right way the first time.

You’ll fill out the paperwork as noted, and you’ll turn it in to the clerk at the courthouse. It will then be filed, and you’ll wait to hear from the court regarding the outcome of the paperwork. The form is typically short and to the point, and it doesn’t even require you provide an explanation other than you want to stop your divorce proceedings.

If your spouse has already been filed divorce paperwork, you might be asked to provide a copy of the petition to dismiss your divorce to your spouse. The laws are different in every jurisdiction, so you might find you need to do nothing. You might have to provide a signed copy, or you might have to prove you sent the copy by sending it via certified mail.

If your spouse has already filed a response to the divorce paperwork after it’s been served to him or her, the laws in the state in which you reside might require your spouse also signs the petition. If no response has been filed when you file the petition, only your signature is required to end the divorce process.

If you wait too long to stop the divorce and a decree has already been issued, it’s too late. You cannot undo a divorce, but you do have the freedom to remarry your spouse if you feel that is the right choice for you and your family. Before you file for divorce, get to know the laws in your state so you know your legal rights.

If you want to be sure you’re handling your divorce or the cancellation of your divorce correctly, call an experienced divorce attorney. Attorneys work with couples in the midst of divorcing each day, and they know the law well. They can file this paperwork for you to help make the process a bit simpler if that’s what you’re looking for. You don’t need an attorney to do this, but it doesn’t hurt to hire one.

Call Now!