It is natural to get cold feet before a wedding, but it is also quite common to get cold feet during a divorce. If you change your mind after filing for divorce and decide that you want to remain married to your spouse in Bergen County, you may be able to halt the proceedings, depending on where you are in the process and whether or not you and your spouse are in agreement on this matter. Schedule a consultation with a skilled Bergen County family lawyer to discuss your situation and obtain representation today.
Can You Change Your Mind After Filing For Divorce in Bergen County?
In many instances, yes, you are able to change your mind after you have formally filed for divorce. However, whether or not the case will stop depends on a number of factors, including how far along in the process you are and the cooperation of your spouse.
What Are Your Options if You Have Second Thoughts?
In the event that you are unsure whether or not you wish to proceed with the divorce, New Jersey courts may grant different options depending on how far along you are in this process and whether or not your spouse agrees.
Placing the Divorce on Hold
If you and your spouse are unsure whether or not divorce is in your best interest, the Bergen County Superior Court, Family Part may label your case as inactive. This:
- Allows time for counseling or mediation
- Has no fixed time limit, allowing you and your spouse adequate time to attempt reconciliation
However, an excessive delay in divorce proceedings could potentially lead to the dismissal of the case by the court.
Dismissing the Divorce Case Entirely
If, after pausing your divorce, you decide that you want to remain married, the good news is that you can change your mind. You can forget about the divorce case and remain married under two conditions: your spouse is also in agreement, and the final divorce decree has not been signed.
How the Stages of Divorce Affect Your Ability to Stop It
It’s necessary to understand that, while it is possible to stop a divorce in New Jersey, the ability to do so will depend on how far along in the process your case is.
Before Your Spouse Responds to the Complaint
If you wish to cancel the divorce and your spouse has not yet responded after being served with the initial divorce complaint, the process of canceling is generally easier. This is because:
- Courts typically allow for the voluntary dismissal of cases before a response is issued
- There are fewer legal hurdles before a response if filed by a spouse
After Your Spouse Responds
If your spouse has already responded to the divorce petition and you wish to cancel the proceeding, it’s important to understand that:
- Both spouses must be in agreement to dismiss the case
- A joint stipulation must be signed and submitted to the court
- One spouse cannot cancel the divorce once litigation begins
If Only One Spouse Wants to Stop the Divorce
In the event you wish to stop the divorce after your case has been filed and your spouse has already responded, but they wish to continue the process:
- The divorce will proceed
- Courts cannot force reconciliation
What If the Divorce Has Already Been Finalized?
In the event that the final divorce decree has already been signed, it’s important to understand that your marriage is now legally dissolved. As such, there is nothing you can do at this stage to stop or reverse the decision.
- Courts cannot reopen finalized divorces due to regret or a change of heart
- Former spouses must remarry
- A new marriage license is required
Can You Change Your Mind After Dismissing a Divorce?
Although it may seem like a lot of back and forth, you can change your mind again after a divorce filing has been dismissed. If you and your spouse reconciled after filing for divorce, but ultimately decide that ending your marriage is the best thing to do, then you can still get divorced. However, it is important to note that you cannot pick up from where you left off.
- A dismissed case is permanently closed and cannot be reopened
- A new divorce petition must be filed with the court
- You must serve your spouse with divorce papers
- Progress does not carry over, and the process will begin anew
Contact an Experienced Bergen County Divorce Attorney Today
In the event you have filed for divorce but wish to halt the proceedings, understanding your legal options is critical. That is why it’s in your best interest to connect with an experienced attorney with Feitlin, Youngman, Karas & Gerson, LLC. Our team understands that divorce is an incredibly difficult and emotional process, which is why we can help guide you through these matters. Contact us today to learn how we can represent you.
