Divorce can be an emotionally taxing process, often leaving you feeling uncertain and overwhelmed. If you and your spouse have filed for divorce, it is natural to have second thoughts, especially if your emotions are fluctuating and adjusting to your new situation. But what if, after filing for divorce, you and your spouse change your minds? Is it too late? Is there anything you can do to stop the divorce from going through? To answer these questions, read on and consult with a skillful Oakland County family lawyer.
Can My Spouse and I Change Our Minds After Filing for Divorce?
If you already have filed for divorce, take comfort in knowing that you can change your mind. Relationships can be tricky and sometimes you have to hit rock bottom before you can begin rebuilding. You can change your mind and halt the divorce process under two conditions:
- Both you and your spouse agree
- The divorce decree has not been signed
Both you and your spouse have to agree that you do not want the divorce to go through. Even if you are the one who filed the original paperwork, your spouse will have to sign off on petitioning the court to stop the process. As long as both you and your spouse are on the same page, you can request a dismissal of the case.
It is also important that the final divorce decree has not been issued. Once the judge overseeing your case signs the divorce decree, you and your spouse are officially divorced and are no longer legally tied to one another. The only way that a divorce decree can be reversed or rescinded is if there is evidence of coercion, fraud, duress, or a serious procedural issue within 30 days of the document being finalized. This is only allowed to change the terms of the decree, not to allow the couple to remain married.
Once the divorce is finalized, there is no going back. If you and your spouse want to be together, you will have to get remarried.
How Can I Stop the Divorce Process?
If the divorce is in progress and both you and your spouse want to remain married, you simply need to file a Motion to Dismiss the divorce petition. You both must agree in writing to dismiss all claims and counterclaims.
Once your petition has been accepted, the case will be removed from the court system and you and your spouse will still be legally married.
It is worth noting that some couples decide to halt the divorce process because they want to remain together and then change their minds again later on. If you and your spouse had your case dismissed and want to file for divorce again, you will have to restart the process. Schedule a consultation with a skilled attorney for more information and legal advice today.