How to Stop Divorce Proceedings
Introduction
Marriage is a sacred bond that should last until death do you part, but unfortunately, some marriages end in divorce. When one or both parties in a divorce case have a change of heart, they may wish to terminate the divorce proceedings entirely. Although it is possible to end divorce proceedings, it is important to do so carefully to avoid legal repercussions and inadvertent harm.
Grounds for Divorce
Under the law, a marriage may be dissolved by court order through what is known as a "petition for divorce." Divorce can be granted on both "fault" and "no-fault" grounds. In a fault proceeding, one party may allege that the other party committed an act that justifies termination of the marriage, such as abandonment or adultery. A no-fault proceeding is one in which neither party has to prove wrongdoing by the other party.
Requesting Termination of Divorce Proceedings
One or both parties may wish to end the divorce proceedings and reconcile for various reasons. This may include the desire to avoid the costs of a protracted proceeding or concerns over child custody or support arrangements. It is possible to request termination of the divorce proceedings at any point before final judgment. However, making such a request later in the proceedings may result in more scrutiny from the court.
Steps to Terminate Divorce Proceedings
If you wish to terminate your divorce proceedings, the steps you need to take will depend on the timing of your request.
Before Your Spouse Responds to the Petition
If you want to withdraw your divorce petition before your spouse has filed an answer, you need to file a request for a voluntary dismissal. You do not need a judge's approval or a hearing to do so. Submitting the request on the proper court form is all that is required. It is a good idea to request that the case be closed "without prejudice" to allow for the possibility of resuming the proceedings at a later time.
After Your Spouse Responds to the Petition
If your spouse has already filed an answer, but you both wish to end the proceedings, you can still request a voluntary dismissal. In this situation, you will need your spouse's written agreement. You must sign a "stipulation of dismissal" and file that document with the court. If your spouse does not agree with the proposed dismissal, then the judge may call for a hearing with oral argument at which both sides are permitted to explain why the request to terminate the divorce proceedings should or should not be granted.
When the Court May Deny a Request to Terminate Divorce Proceedings
There are several scenarios that could lead a court to deny a request to terminate the divorce proceedings:
Coercion
If the responding spouse credibly alleges that the party filing the request to dismiss is coercing them to join in the request for dismissal, the court may deny the application.
Domestic Violence, Child Abuse, or Child Neglect
If there are allegations of domestic violence, child abuse, or child neglect, the judge can deny the attempt to dismiss the divorce to ensure that the vulnerable spouse or child is protected. The court can also issue protective orders or other necessary relief.
Counterclaim
Dismissing the divorce petition will not result in dismissal of the counterclaim filed by the responding spouse. Only the responding spouse can dismiss a counterclaim. If the responding spouse does not do so, the case on the counterclaim will move forward.
Conclusion
If you need legal assistance in stopping divorce proceedings, it would be a good idea to hire a divorce lawyer. A lawyer can explain what options you have concerning such termination and what difficulties you may encounter. The lawyer can also prepare and file the papers needed to request a dismissal and can represent you in court in your effort to have a divorce proceeding stopped. Because of the complexity involved in a contested divorce, completing the case can frequently take a year or more and financial expenditures will be significant. Thus, it is essential to make all decisions regarding divorce proceedings carefully to avoid unintended consequences.
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Orignal story posted at https://www.legalmatch.com/law-library/article/how-to-stop-a-divorce-after-filing.html
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