Having Second Thoughts?Stopping a Divorce in its Tracks
At Scott Levine Family Law we understand how difficult going through a divorce can be. It’s possible for you to experience a roller coaster of emotions throughout the process, and many times, couples decide the divorce isn’t what they wanted. How can you stop a divorce from being finalized? We’re here to help.
For clients who think they can work on their marriage and would like some time after filing divorce papers to try andsettle their issues before dissolving the union, a Motion to ABATE the proceedings is filed. This means the divorce is put on hold. Typically, the couple is given 60 to 90 days to reconcile, and the best way to go about this is by attending marriage counseling to get to the core of the couple’s problems. If the couple was living apart for the divorce, we encourage them to still live separately because moving back together can fuel the stress of the relationship rather quickly, andput them back at square one.We also encourage couples to regularly meet with their attorney throughout the process of reconciling. It’s important for the attorney to be involved as much as possible throughout the process because it’s much easier for them to help you if they are kept in the loop.
If the parties are able to reconcile and neither wants the divorce to go forward, then the petitioner who filed for divorce can file a motion to voluntarily dismiss the dissolution proceedings.Once the paperwork is finalized, the divorce will not be processed and the couple will remain legally married.
On the other hand, if during the reconciliation period the couple is not able to work out their issues and choose to move forward, the process begins again from scratch. For this reason, it’s important to be 100% sure of your decision to file for divorce, to avoid doubting yourself down the line and having to re-file and pay for double the fees.
Feel free to contact our office if you have any questions orconcerns regarding reconciling a divorce. We want nothing more than to help you through this confusing time and we will be there for you regardless of the outcome.