Choosing to divorce your spouse is one of the most difficult choices that you could ever make. Even when a couple is certain that they want to have a divorce, it isn’t uncommon for the pair to rekindle and to want to put a stop to the divorce or to reverse the court’s decision. While you go through the divorce process, it is possible to end it and to stay married. However, to remain married may be more complex than you think.
Can You Withdraw the Petition?
After filing for divorce, you can withdraw the petition. If you and your spouse decide that you don’t want to separate, then you can withdraw the petition right away. If the petition was already filed, then the process is already underway. In this case, you can sign a form of voluntary dismissal. While you will still have to pay a filing fee, if both you and your spouse sign the voluntary dismissal, you can remain married.
Keep in mind that it has to be a mutual decision. One party cannot stop the divorce. To object to the divorce would be known as an irreconcilable difference and could justify it.
Can You Reverse the Divorce After Finalization?
The divorce decree is the final judgment. While not your divorce certificate, it is the actual court order that you and your spouse have to follow. As soon as the court signs the decree, you are divorced. Now, if you decide that you do not want the divorce before it’s finalized, you can ask the court not to rule on the settlement. This stops the proceedings. However, if the decree has been signed, you may be out of luck.
You have to act fast. If you want the judge to reverse his or her decision, then you need to request the reversal within 30 days of it being signed. He or she may still be able to rescind the decree. However, after 30 days, the judge cannot. You would be officially divorced
You must know for sure that you want a divorce before you go through with the process. If you are already in the process of a divorce and you and your spouse are reconsidering, then you need to talk to a divorce lawyer in New York, NY, like the Kleyman Law Firm as soon as possible. They can help to guide you on your next steps so that your divorce does not become final.