Stop Divorce Proceedings

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Family Law Issues:

Can I Stop My Divorce Proceeding Once it Has Been Started?

In the instance that one spouse does not want a divorce, but the other spouse does, from a legal standpoint there is no way to stop a divorce. In law, marriage is viewed as a partnership contract, so that one cannot force the other to remain in that partnership. And the nature of no-fault divorce in most states is that a spouse who is determined to divorce can do so even over the other spouse's objections. Thus, considering how to stop a divorce can sometimes be challenging if the process is already underway.

However, if both spouses agree to reconciliation before the divorce is finalized, the divorce proceeding may be stopped (though sometimes it depends upon the stage of the divorce chronology). Most states have waiting periods between the time of filing for a divorce and the time the divorce is final. The spouses would then withdraw their divorce petition or file a form as a notice of recovation to stop the divorce proceeding and remain married. In such cases, the advice of an attorney is indispensable in terms of how to stop a divorce.

Spouses Who Want to Reconcile

Couples who wish to reconcile after starting the divorce proceedings should first look to their documents of filings to discover the stage of their proceedings.  If a judgment has not yet been granted, spouses can ask the judge to stop divorce proceedings.

Courts frequently stop divorce proceedings to allow for counseling, mediation, or an opportunity to negotiate, unless either spouse demands dissolution, in which case the divorce proceedings will resume. Be warned, courts do not take kindly to delay tactics or unreasonable arguments.

Should I Consult a Family Lawyer About Stopping My Divorce?

When considering the possibility of a divorce, every effort should be made toward reconciliation. If that is not possible, then consultation with a family lawyer is extremely helpful in explaining how to stop a divorce proceeding and to advise you of immediate options. Since divorce laws differ among states, it is important to speak to a lawyer who is familiar with the local rules of your area.  If you decide to stop your divorce after it has been filed, speak with a family attorney who can explain the steps you need to take to remain married.

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Last Modified: 05-12-2014 03:44 PM PDT

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