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.
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.
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.
If you are going through a divorce, you should consult with an experienced family 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.
Last Modified: 07-23-2014 04:45 PM PDTLaw Library Disclaimer
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