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What would we have to do to stop our divorce?

October 2, 2017

In many cases, only the person in the marriage who filed for the divorce is able to stop it. No matter how long you have both been married to each other, you are not able to stop your spouse from legally leaving the marriage. However, it you are the spouse who filed the divorce paperwork and are having second thoughts about it, you might be wondering what the process is to stop the divorce if the paperwork has already been filed. Below are some tips to start the process of halting the divorce process.

Go To Courthouse

The sooner you go to the courthouse after filing and changing your mind, the better. Visit where you filed the petition for divorce and speak with the clerk. Tell them that you are wanting to halt the process of your divorce and ask for the proper paperwork needed to accomplish it. Even though you might be able to find these papers online, it is best to visit the courthouse you filed the divorce with to be certain you obtain the proper paperwork.

Fill Out Paperwork

Once you have obtained the correct paperwork to stop the divorce proceedings, fill it out completely. In many states, the paperwork is a simple one-page document stating that you want to withdraw or dismiss your own case. You won’t have to give the court a reason for wanting to withdraw it. Once done, return the paperwork to file with the clerk and ask for copies. The clerk will stamp all of your personal copies as “filed”.

Serve Spouse If Required

Depending on the state in which you were filing for divorce, you may have to serve your spouse with a copy of your divorce dismissal paperwork. In some jurisdictions, the court may send a copy on you behalf to your spouse. In other jurisdictions, you might be required to send them the copy by certified mail or give it to them in person. In this case, you most likely won’t have to file proof with the court that you did complete the serve.

Get Spouse To Agree

For most cases, it can be really simple to stop the divorce once you have filed the paperwork. However, in some states it will ultimately depend on how far into the divorce proceedings you are. The court might require that your spouse consent to the dismissal of the divorce in order for it to be approved. If you do it quickly and before your spouse has had the opportunity to answer the divorce petition, it can often get dismissed rather quickly.

When your spouse has been an active participant in the whole divorce proceedings and you have decided to try and stop it, the court will often require a brief hearing to establish under oath that both of you are wanting the divorce to be stopped. If your spouse doesn’t indicate that they want to stop the divorce, the petition for dismissing the divorce will not be approved.

When you first file for divorce, your spouse will need to respond to many documents during the process. If they filed counterclaims to the divorce paperwork instead of simply answering them or appearing to the hearings, the ability to stop the divorce will be much more complicated. A counterclaim signifies that your spouse has a complaint or a petition against the divorce in and of itself. You will be able to dismiss your petition to divorce, but the divorce will still go through unless your spouse drops their counterclaim as well.

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