If you want to withdraw your divorce application before your spouse has submitted an answer, all you have to do is file a request for voluntary dismissal. Ending the divorce at this time does not require a judge's approval or a hearing. Basically, all that is required is to submit the application on the appropriate court form. It's a good idea to request that the case be closed “without prejudice”.This means that if you change your mind and decide to divorce, you can pick up where you left off and you won't have to file a new case (this saves money on filing fees).
Once the divorce is finalized, it is no longer possible to stop the process. If you and your spouse want to reverse the divorce process after this point, your only option is to remarry. When it comes to matters of the heart, the courts allow couples to change their minds. No matter what type of divorce you or your spouse filed for, you can cancel the divorce process once it begins.
You can also pause a divorce for practical reasons. A family law court can approve a request to stop the divorce process as long as appropriate steps are taken. In some cases, one or both of the spouses will decide to stop the process before a final court ruling is issued. However, keep in mind that only the spouse who filed for divorce can request the withdrawal of their divorce petition. A quick consultation with a local divorce attorney is available.
If the court determines that you did not sincerely intend to end the proceeding, but that you only filed the request to delay the divorce, then the court may deny the request. The more complicated the divorce, the longer you have to wait until the judge is ready to finalize it. If reconciliation is unsuccessful, a divorce attorney can help you get your case back on track as soon as possible. Depending on how far along the divorce process is and what documentation you have already signed, it may be helpful to consult with a divorce attorney or family lawyer before proceeding.
If the divorce agreement has not yet been finalized, you can file a motion to ask the court not to rule on the agreement, which would end the process. They can help you defend your rights in the divorce process, whether it's custody of your children, a fair division of property, etc. However, you should explain the situation to the secretary so that he can tell you if additional forms need to be submitted or not. These final documents are called Judgment and Decree and contain the final decision on all issues of the divorce case, from the division of assets and debts to child custody.
Another scenario that could lead a court to deny a request for dismissal regardless of what stage of the process the divorce is at would be when there were allegations of domestic violence, child abuse or child neglect. If you have filed for divorce and now want to stop the process and stay married to your spouse, here's what you need to know. Once your divorce is finalized, some states allow you to request a reversal of the judge's decision, but it must be requested soon after the final judgment. If your divorce has already been finalized, but you and your former spouse want to change your mind, there's not much you can do besides remarrying.
If your spouse challenges your request to end the divorce process, a judge may schedule a hearing before making a final decision and may even refuse to rescind the process. It's important to remember that it only takes one person to proceed with a divorce, but both are needed to stop it.
