When a couple has decided that they can no longer continue as a married couple, many times they will file papers with the court to have the marriage dissolved. However occasionally that couple will resolve their differences and decide to not follow through with the dissolution. So then you have to learn how to stop your divorce. Doing so can be a very simple or a very complicated process depending on the individual circumstances. Each case is very different from the next.
How To Stop Your Divorce
Stopping the court proceedings is not as difficult as it may seem. However, it will end up being costly. You are likely to have to pay a fee when you file. You will not receive that fee in a refund if you choose not to proceed. Additionally you will find that usually you are required to petition the court to stop proceedings. Today the process for becoming divorced is nearly automated. You file the papers with the court, get a case number, serve the other party, obtain lawyers if necessary and attend the various court hearings when required. Once the judge hears the final case, the documents are signed and then filed with the clerk. At that point the marriage is dissolved.
So in order to stop the process you need to file a petition with the court to stop the proceedings. Additionally for some states that are various ways that one party can make things very difficult for the other party. Sometimes certain statements made in court will cause the judge to make the decision not to sign the final documents which means that the marriage is not dissolved. The final paperwork being signed by the judge and filed with the clerk is the only way that a dissolution is absolutely final. Even if the judge signs them, if they are not filed with the clerk then the marriage continues on.
For a couple who has no children, the process takes about thirty days from start to finish. For a couple who has children of their own the process takes at least six months to receive your final court date. This allows time for the court to make decisions regarding the custody and visitation of the children as well as any spousal support or child support that might need to be paid. If there are disagreements regarding any of these things, the proceedings can take even longer.
To file a petition to bring the proceedings to a halt, you must first check with the clerk to see if there is a specific form. Nearly everything today has its own specific form, so making sure you use the correct one will be very important. After you have that information you must complete the form in full. If you do not use the correct form or do not complete it properly, you will find you are sent back to square one to start over again.
Normally the request must be signed by both parties stating that they agree to stopping the dissolution of the marriage. There are certain circumstances that allow just one party to sign the request however. One circumstance could be a serious health condition which has rendered the other party unable to sign. Normally this will be sufficient as long as you can provide the necessary documentation showing that the other party is unable to sign the document for whatever the reason might be.
That is how to stop your divorce legally. There are other ways to resolve your problems and find a solution without going to the extreme of getting divorced. Getting marriage counseling and finding things that you both enjoy will also help to improve your relationship and save your marriage. Many couples go through very difficult times that can easily lead to the end of the marriage. However knowing how to go about resolving your problems by working together instead of looking for ways out of the relationship is a much better approach.
While there will always be issues within a family unit, it does not have to mean that the unit needs to break up. Just about all problems can be resolved in some circumstances. Obviously there will be very viable reasons for some people to file for divorce but many times just working through the issues will resolve the problem and the marriage can continue happily. Before you take the leap to dissolve your partnership, try working on what the issues are and see if there can be a solution that does not involve breaking up the family.
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