To stop a divorce after it has been filed, both parties must agree to the stoppage. In states with no-fault divorce laws, it can be difficult to stop if only one party wishes to do so. Timing is important; if the case has not reached the judgment phase, the parties can mutually agree to stop the proceedings. Read on to learn about stopping a divorce after filing.
Stopping a Divorce After a Filing
To stop a divorce proceeding, a couple must request to have their petition withdrawn (sometimes referred to as a notice of revocation). Withdrawing a divorce petition involves court costs and filing fees, and couples may have to go through mediation or counseling to ensure the mutuality of the decision. Courts generally will not stop a divorce if only one party wants to remain in the marriage.
Property Acquired During a Divorce
Once a divorce petition is successfully withdrawn, the case is over and the couple remains legally married. Any property gained during a divorce is considered community property, with separated couples finding the law especially complex. If a couple decides to reconcile, they may have their property reclassified. A divorce lawyer with Drake Hileman & Davis can tell you how to stop a divorce and keep material and financial disruptions to a minimum.
Legal Issues in Stopping a Divorce
A person wishing to stop a divorce may encounter challenges such as:
- A spouse that wants the divorce to continue
- Health and safety issues (child neglect or abuse)
- A spouse using the divorce stoppage as a way to delay proceedings
Stopping a divorce under false pretenses is considered fraud, depending on the facts of the case. Anyone fraudulently attempting to stop divorce proceedings faces severe consequences, including contempt of court and criminal liability.
Hiring an Attorney for Help in Stopping a Divorce
If you have already filed divorce papers and wish to stop the proceedings, it is best to consult a lawyer. Many legal issues can arise when a divorce is stopped; property issues are among some of the most difficult and usually require the help of legal counsel. A family Attorney Easton can inform you of your legal rights and tell you how to stop your divorce.