Stopping a divorce depends on the type of divorce you filed in the first place. You may stop a fault divorce by successfully defending the accusations your spouse made, although it isn't usually easy. For a no-fault divorce, the person who made the application has to file a motion for dismissal. Here are three things you should have in mind if you wish to stop a no-fault divorce:
You May Need Your Spouse's Consent
Just because you are the one who wanted the divorce, and filed an application, doesn't mean that you can stop it anytime you want. Once you have filed the petition and your spouse has replied to it, you will need their cooperation to stop the divorce.
Stopping a divorce involves filing a notice of dismissal, which is basically a request to the court to dismiss your petition. If your spouse had replied to your petition or made a counterclaim to your divorce demands, they also have to file a dismissal before the divorce can be stopped. In fact, your spouse may even be required to swear an oath that they are no longer interested in the divorce too.
This means you shouldn't file for divorce to threaten your spouse. If you do, you may be surprised to find that it is just what they wanted, and you may be unable to stop the process. Make up your mind before filing the divorce petition.
You Can Stop a Divorce Any Time
The good news is that you can stop a divorce any time as long as the final divorce decree hasn't been issued. Even if you have negotiated everything, and it's just a matter of days before you finalize your divorce, you can still file a motion for dismissal, and succeed in halting the divorce.
However, it's in your best interest to stop your divorce as soon as you decide it is what you want to do. The longer you delay, the more resources you will waste in the process. Mediation fees, court filing fees, and lawyer fees all pile up as the case drags on.
Pretension May Land You In Trouble
Lastly, any attempt to stop your divorce process should be genuine. Some people pretend to stop their divorce to delay the process for one reason or another. Unfortunately, such pretension can easily get you into trouble with the authorities. Dire consequences, including contempt of court or criminal charges, may follow if you are found out.
Talking to a family lawyer before filing for divorce will help you prevent most problems. During consultations, most divorce lawyers will ensure you really want the divorce before helping you with the process. That being said, you can always contact your attorney to help you halt the process anytime before the process is finalized.Share