When couples make the decision to file for divorce in haste, they often regret later. Soon they get to realize that going to the courtroom is not the right way to end problems; rather it gives rise to another set of problems. During this time the question ‘Can divorce proceeding be stopped?’ often strikes the mind. Well, the simple answer to this question is “YES”.
To end a divorce proceeding there are two popular options available – first withdraw your petition and secondly file a motion to temporarily stop the hearings of your petition with a stay order. As each and every U.S. state have its own rules and regulations, you need to follow the rules of your state to file a petition and also to stop it in the midway. So, before you try to stop the legal procedure, you be must be acquainted with the laws and procedures of the state where you have filed the petition to end your marriage.
Here is how you can stop your divorce proceeding:
Before you make the final decision to end the legal proceeding, it is important to meet your spouse and discuss about the future. This is the time when you must speak openly about how you feel about your marriage, your life together as a married couple, and your possible future together. Your spouse must agree with your decision to end it. Always remember that even if you have filed a petition, your spouse has the right to response and ask for the process to continue. So, both must agree to cancel the proceeding before you work on the legal aspects on stopping it in a legal way.
Know about the legal aspect:
Legally, a dissolution of marriage is not final until the papers have been signed and a judge has granted the petition and hence you have time to work on stopping the divorce proceedings. If you have hired a lawyer, you must make an appointment with your lawyer as soon as possible to know about the laws for ending the process in your state. Your lawyer will provide you with the details of the laws in your state. In case you don’t have a lawyer, then you must immediately contact the clerk of the court where you have filed your petition to inform about your intentions. The clerk will help in postponing the order passed by the judge until you fulfill the necessary legalities to cancel the proceeding.
Notice of dismissal:
In all the US states, you need to write a notice of dismissal to stop a proceeding. The party who filed the petition will have to file the notice to dismiss the case. In the notice, you must mention your full name, your spouse’s full names, your case number, and a statement indicating that you are requesting that the court enter an order dismissing your case. Both you and your spouse must sign the motion of your own free will and your signatures may have to be notarized. File the notice with the court clerk. The notice does not have to be approved by the judge, but your divorce case isn’t dismissed until you file it.
Once you file the notice of dismissal to stop the court proceeding, the judge will have a look at the notice and sign an order dismissing the case. You will soon receive the court’s signed order that clearly indicates that you have successfully accomplished your goal. However, if you were not successful in sdoing so before the court ordered the final decree; you have a second option too. Most of the US states allow couples to remarry each other without a waiting period.
Overall, stopping the proceedings in most of the US states is not a very complicated task. However, you must be aware of the fact that to stop your divorce process, you need to devote some time, have patience and might even have to go for long discussion with your lawyer along with that of your spouse too.
- In cases where one spouse does not want to end the marriage, but the other spouse does, you simply cannot do anything from stopping the proceedings. As per the laws of the United States, you cannot force your partner to remain in marriage. With the help of no-fault divorce, your spouse can always ask for it. However, if both spouses agree to reconciliation after filing the petition, the proceeding can be stopped in a legal manner.
- If you need more time to think about termination of your marriage, you can file a motion asking that the court enter a stay on your case. By doing so, your case will be put on hold until you have taken care of the issue outlined in your motion.
- Suppose you decide at the last moment to end the process, you can make your request on the hearing date. Just bring along with the necessary papers and the judge after reviewing the motion will stop the proceedings as requested.
- Also the court can dismiss your case if you have not taken any further action to pursue your petition. But this is not a proper way to stop such legal proceedings as it can create confusion.
- If you are successful in stoping the process and fail to reconcile later on, you can always start the proceedings all over again.
To conclude, by taking the decision to stop the divorce, couples get an opportunity to amend the problems that eventually led to such a decision. Once you have stopped the proceedings you can always work on making your marriage successful. Learn from your past mistakes and try not to repeat them. Good luck to your married life!