Courts consider marital contracts to be partnership contracts, so one spouse cannot force the other spouse to remain in the contract even when the spouse wants to stop a divorce. As a result, stopping a divorce can sometimes be challenging if the process is already underway.
However, the law does not forbid both spouses from reconciling their disagreements so long as it is done within the statutorily set time before a divorce is finalized.
- In California, for instance, there is a six-month waiting period within which a divorce may be revoked.
- However, in states like New York and South Carolina, there is a one-year waiting period.
- Depending on the jurisdiction that the divorce proceedings take place, it is advisable to consult the local rules of court to determine whether a revocation to stop a divorce can be timely filed.
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.
What If I Miss the Statutory Deadline to Stop the Divorce?
If spouses find themselves in the unfortunate position of having filed for a divorce, missed the statutory deadline in which to stop the divorce proceedings, either spouse will have to file additional motions with the court to overturn the divorce proceeding.
Should I Consult a Family Lawyer?
If you are going through a divorce, you should consult with an experienced divorce lawyer. Your lawyer will represent your best interests. If you decide not to go through with the divorce, your lawyer can help you stop the proceedings if possible.