It is not uncommon during the process of getting a divorce for a couple to reconcile and decide to stay together. If this happens, what does it mean for you and your divorce proceedings? Here is what you need to know when trying to reverse a divorce at each stage of the divorce proceedings:
During the Divorce Proceedings:
Before the Petition is signed
At this point, nothing has happened in your divorce proceedings. If you sought legal guidance, you probably have incurred attorney’s fees. This is the only matter that must be addressed if you decide to reconcile with your significant other.
Before the Petition is filed
If no paperwork has been filed with the court, there are few ramifications for changing your mind. Of course, you will have to pay all your attorney fees up to this point, but you will be spared the cost of the court fees and filing fees. There are also no legal ramifications if you change your mind before you file the petition with the court.
After the Petition is filed
At this point in the divorce process, it is not impossible to prevent a divorce, but a few extra steps must occur first. Your attorney will have to file a motion. The attorney can either ask for the case to be dismissed or ask the court if they would grant a motion to suspend the proceedings. Dismissing the case entirely will completely stop all divorce proceedings; this should be done if a couple is absolutely sure they are reconciling. Suspending the proceedings means that the court pushes the issue down the calendar, allowing the couple to decide if they want to continue or dismiss the case.
Up to this point, the couple has likely accrued attorneys’ fees and the filing fee. The filing fee falls on the person who filed the petition in court. If the couple decides to suspend the proceedings, the filing fee does not have to be paid again. However, if the couple decides to dismiss the case and refile later, a new filing fee will be added.
After the Divorce Proceedings:
If your divorce proceedings are nearing the end, and you and your spouse decide to reconcile, there are fewer options available. If the divorce settlement has already been sent to a judge, the attorneys can ask the court to not rule on the settlement. This has to be done fairly soon after the settlement has been sent to the judge.
If the judge has signed the divorce decree and it has been less than thirty days, the attorneys may ask the judge to reverse to the decision. However, this is up to the discretion of the judge. An attorney may be able to file for an appeal or a modification of the settlement, but this is also left up to the discretion of the court. If a judge decides not to reverse his decision, you will have to remarry if you want to remain wedded to your spouse.
The best thing to do is be honest with your attorney throughout the divorce process. Even if you are just thinking about reconciling, it is best for the attorney to know so they can halt proceedings if necessary.
If you’re planning on getting a divorce, contact the compassionate team at Cox Law Firm. We’ll be here every step of the way to make sure you get the outcome you’re looking for during your divorce. Call us today at 817-618-6975 to learn more or to schedule an appointment.