Can You Stop a Divorce After Filing?
Divorces can take time and cause an enormous change in your life. Some couples find themselves regretting filing for divorce and wishing they could take it back. Sometimes, working with a mediator helps couples learn how to communicate better—making them realize they want to give their marriage another chance before ending things. Then they wonder, can you cancel a divorce?
If you have already filed for a divorce in New Jersey but have since changed your mind, there are some instances where you can withdraw a divorce petition with help from your family law attorneys.
In New Jersey, Can You Stop a Divorce After Filing?
There are several steps to completing a divorce. However, with each action you take, the harder it becomes to backtrack. The most crucial factor in stopping a divorce is that you must have both parties’ consent, even though only one party’s approval is needed to file for a divorce. This type of consent makes it possible for someone to leave a marriage even if the other party is controlling or abusive.
How to Legally Stop a Divorce
How to legally stop your divorce depends on what stage you and your spouse have reached in the process. If your partner hasn’t yet filed a response to your petition, you can withdraw your request without any input from them. Ask your lawyer if your spouse has already filed a counterclaim, since it could be difficult for you to determine this on your own.
However, if your spouse has filed a counterclaim already, you and your lawyer must take further steps to stop your divorce. Work with your lawyer to create a “Stipulation of Dismissal” without prejudice. Once you’ve created it, send it to your spouse and ask them to sign it. If they agree, you can then file the Stipulation with the court, who then can dismiss the case.
Should You Stop Your Divorce?
Deciding to divorce is a big decision, as is choosing to stop the process. If your decision to file was a last-minute, impulsive one, then halting your divorce might be the correct choice. However, some people file for divorce because of a pattern of behavior or irreconcilable differences such as disagreeing about finances or having children.
In these cases, even if you start to question your decision, it is often the correct one. Consider speaking with a therapist if you have second thoughts. They can help you determine whether you should call off the divorce or if you made the correct choice filing.
Let Us Help You Through Your Divorce
Whether you have filed for divorce and are having second thoughts, or you are considering filing but aren’t sure what your next steps are, contact the experienced New Jersey family law attorneys at Lyons & Associates, P.C.
If you are wondering if you can stop a divorce after filing, we can discuss your options based on the stage of the divorce petition. We can also help you file a stipulation to cancel your divorce.
Our team can also help you with the legalities of filing for divorce in New Jersey, including determining child support, alimony, and child custody. Contact us online or call us today at (908) 575-9777 to schedule your free consultation.