If You File for Divorce, Can You Take it Back?
So You Filed the Paperwork to Initiate the Divorce and Now You Want to Call it Off. You Can’t Turn Back Time, but You can Use the Proper Legal Channels to Stop the Process.
Divorce has a huge impact on people’s lives, bringing doubts about the future. While divorce takes a huge emotional and mental toll on a couple, it can also cause them to reconsider with renewed clarity their trajectory. More often than one might think, a couple decides partway through a divorce to stop the proceedings and reconcile. Is this legally possible? Up to what point can a couple cancel their divorce? Read on to learn more about what can be done if you and your spouse decide to stay together, even though you have begun the process to dissolve your legal union.
Reasons Couples Halt Divorce Proceedings in NJ
The primary reason a couple seeks to stop their divorce is that they decide to get back together or at least try. Even those who are not sure they can work things out but wish to try an approach to reconciliation are counted among those who pursue the termination of divorce proceedings partway through the process.
Purpose and Scope of NJ Reconciliation Agreements
A reconciliation agreement is a written agreement a couple of signs to signal that they will attempt to resolve conflicts endangering their marriage. A signed reconciliation agreement does not ensure that differences in the marriage will be worked out; it recognizes that divorce is still a possibility but that reconciling differences is the primary intention.
Withdrawal and Dismissal Alternatives Once a Divorce Petition Has Been Submitted
If the couple decides to stop divorce proceedings, there are a couple of options depending upon how far along in the process they are. If one spouse has submitted a divorce complaint but the other has not yet responded, a withdrawal of the petition may be possible before a case is created by contacting the county clerk. A divorce case that is already underway can be dismissed with a request from the couple in the form of a joint stipulation petition. This petition requests that the family court drop the case, and the court usually complies without issue. Until a final judgment is issued on the divorce, the couple can request that their case be dismissed. Various factors can complicate this issue, but it is legally possible until judgment is final.
Legal Implications of Reversing or Dismissing a Final Divorce Judgment
Once the family court has issued a final judgment of divorce, the legal union is dissolved, and any stipulations regarding asset distribution, spousal support, and child custody and child support stand. A couple can remarry at this point to restore their legal union and address the results of the divorce agreement. Having a family law attorney on your side is critical at this point because in rare cases, if the judgment has only just been issued or the settlement signed but the judgment not yet finalized, an attorney can support reversal of the judgment. However, this is unlikely and requires professional legal counsel.
Navigating Your Divorce Stoppage Choices with Professional Legal Counsel in Passaic County
If a couple changes their minds about divorcing, there are various options available depending on the stage of divorce at which they find themselves. An experienced family law attorney at Montanari Law Group is going to be able to walk you through the available procedures to terminate the divorce. Having a skilled lawyer on your side is absolutely necessary if you want to interrupt a divorce proceeding because so much is at stake. Not only is your legal marital status in question, but important secondary elements of a divorce include in whose possession your marital assets will be following the judgment, who will have custody of your children and what visitation arrangements will be, and whether one spouse will receive alimony payments, are all up for determination and are basically irreversible once the divorce is finalized.
Contact Our Little Falls NJ Lawyers at Montanari Law Group to Assess How to Handle Your Ongoing Divorce Before or After it’s Finalized
The finalization of divorce carries serious implications and changes for a couple, and one that does not want to go through with the marriage dissolution must ensure that proper steps are taken in time. Our team at Montanari Law Group has successfully represented countless clients in Kearny, Ringwood, Paterson, Hoboken, Nutley, Wayne, South Orange, Montclair, and nearby towns across Northern New Jersey in their divorces and reconciliations. Our experience and reputation speaks for us. Contact our office at (973)-233-4396 today for a free consultation to discuss your divorce and reconciliation desires so that we can get to work for your happy future.