How to Prevent the Entry of a Divorce Decree
Whether you were the spouse who filed the divorce complaint or the one who was served, there are some situations in which you change your mind and don’t want to move forward. What happens if you feel it has gone too far? Can you prevent the entry of a divorce decree?
Nipping It in the Bud
If you change your mind about divorce, it’s best to nip it in the bud. The deeper into your divorce proceedings you go, the longer it will take and the harder it will be to reverse it. If the decree has not been entered yet, you can go to the court where your divorce was filed. There will be some documents you will have to fill out, requesting that the proceedings be stopped. If your spouse has already responded to your complaint, he or she will also need to agree to stop the process.
There are some cases in which a judge will not approve your request for dismissal. If infidelity, abuse, imprisonment or other serious issues are a part of your case, it can be more difficult to dismiss. If you are able to successfully dismiss your case, it will be removed from the court system. Deciding to resume again in the future will mean you have to start over from the very beginning.
After the Decree
If a decree has already been issued, your divorce is final and it is rarely possible to reverse that. You can appeal or modify the decree in some cases. For example, if your employment was a large determining factor in your spouse receiving child custody and you now have a more stable job, you can request a modification to the arrangement. Visitation and spousal support are some other common issues that get modified.
An appeal generally only happens if the court’s legal ruling had flaws. The appeals will not be automatically granted, so it’s important you and your lawyer look over the specifics of the initial ruling and request the appeal. Courts do not allow much time for the appeals process, so you would need to be strict on meeting deadlines.
Contacting an Attorney
When you change your mind about getting divorced, it’s nothing to be embarrassed about. Divorce is a big life change, and you have to be certain about it in order to feel good about your decision.
Posted on June 15, 2019 @ 6:22 pm