Once a divorce is filed, that’s it—right? Not always. If your divorce has already been finalized, but you and your ex-spouse wish to change your mind, there isn’t very much you can do, besides remarry. However, if you are still early on in the divorce process and you change your mind, you can still request to withdraw your petition or sign a form for voluntary dismissal.
You Can Withdraw A Divorce Petition
If a couple changes their mind about divorcing and want to remain married, they can withdraw their divorce petition to stop the process before it begins. Soon after submitting your divorce papers to the local court, you should go to the county clerk and ask for the petition. If it hasn’t yet been filed, you may be able to withdraw it. However, you must explain the situation to the clerk so that he or she can tell you whether or not additional forms need to be filed.
Sign A Form For Voluntary Dismissal
For some couples, the decision to reconcile comes after the divorce process is already underway. Depending on how involved you are in the process, you might be able to file papers for voluntary dismissal of the divorce. If you and your spouse reconcile, you can ask the court to dismiss the case, though you’ll likely need to pay a filing fee. In order to obtain a dismissal, you do not need to provide the court with any reasons or explanations—only the appropriate paperwork.
If you are near the end of your divorce case, or if the divorce settlement has already been signed, it will be significantly more challenging to remain married.
Can A Divorce Be Reversed If A Settlement Is Signed?
If you are near the end of your divorce case, or if the divorce settlement has already been signed, it will be significantly more challenging to remain married.
If the divorce settlement hasn’t yet been finalized, you can file a motion to ask the court not to rule on the settlement, which would put a stop to the proceedings.
If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge’s decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.
Contact An Attorney For Additional Help
Trying to end a divorce can be extremely tricky and tedious, which is why it’s best to work with a legal professional.
Our knowledgeable divorce attorneys at McKinley Irvin can assess your current situation and help you through each potential option.
