Is It Too Late? What To Know About Halting Divorce Proceedings
It's only natural to hope that your marriage can be saved if only you can work things out. If you or your spouse have already put things in motion to divorce each other, you might be able to prevent the divorce from being ruled final if you act in time. Read on and find out why timing is everything when it comes to halting a divorce.
You Spoke to a Lawyer
You can always phone the lawyer and let them know that you want to put your divorce plans on hold. Nothing has been done at this point and it's easier to stop the divorce from happening if you act quickly. If the papers have been drawn up but not served, you can stop the divorce. If you have submitted your papers to the county clerk already, you could ask for them to be returned to you before they are served. There may be a lag between the time they are filed and the proof of service.
Papers Have Been Served
Things are just beginning to happen at this stage of divorce, legally speaking. Speak to your lawyers about putting things on hold. However, know that the party that received the divorce papers must respond to the petition as it was served. Failing to do so could cause a default divorce to occur and that might be disastrous. If papers have been served, respond to the divorce. Then, the party that filed should speak to their lawyer about withdrawing the petition. The process varies from place to place, but usually, your lawyer will submit a request for a voluntary dismissal of the case.
Divorce Provisions are in Place
Divorce is a series of agreements about minor children, debt, child support, marital property, spousal support, and more. When the divorcing couple agrees to a provision and the judge approves it, the provision becomes part of the final divorce decree. Your lawyers should file with the court to stop the divorce before things go any further. The judge may rescind the orders or agreements in some locations. If you wait too long and the divorce agreements have all been certified by the judge, it could be too late.
The Final Decree is Ordered
If you want to get back together with your ex at this point, you must remarry them. Once the judge signs the final decree paperwork, your marriage is officially over. The case is closed, except for any provisions concerning minor children, and there is nothing to do but accept the divorce.
Speak to a divorce lawyer to find out more.