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, you may be able to halt the proceedings and stay together. Schedule a consultation with a skilled Bergen County family lawyer to discuss your situation and obtain representation today.
What if I Change My Mind After Filing for Divorce?
If you change your mind after filing divorce papers, you have several options. First, understand that you can put the divorce on hold. Getting divorced is a big decision so if you are having doubts then pressing pause may be a good idea while you consider your options. You can place your divorce case on inactive status while you and your spouse attend counseling or mediation. There is no legal limit to how long you can postpone your divorce or how many times you can delay it. However, you should be aware that the court may dismiss the case or move forward with the divorce if there is an unreasonable amount of delay.
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.
If your spouse wants to move forward with the divorce, then you have no legal standing and your marriage will be terminated. In addition, if the judge signed and issued the Final Order of Divorce, then it is too late. The decree cannot be reversed simply because you want to stay together.
However, if your spouse also wants to remain married and you are in the midst of the proceedings, you can stop the process by filing a petition with the court. With the help of your attorney, you and your spouse should jointly file a Motion to Dismiss the case, informing the court that you no longer want to terminate your marriage. The court will take the case off their docket and you will remain legally wed.
Can I Change My Mind Again?
Although it may seem like a lot of back and forth, you can change your mind again. If you and your spouse reconciled after filing for divorce but in the end, you 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.
You will have to start the process over again if you decide to go through with the divorce after having the case dismissed. When you petition the court for a dismissal the case is terminated so an entirely new case will have to be started in order to get divorced including filing the original petition and serving your spouse papers.
