Some couples decide on a divorce only to later realise that they aren't quite ready to throw in the towel. In these cases, the couple can choose to stop or postpone their divorce proceedings rather than completely cancel the divorce. Stopping or postponing the divorce allows the couple to attempt to mend their marriage. If the couple is unable to work out their problems, they can resume the divorce without additional cost since the proceedings were never actually cancelled.
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Things you need
- Copy of state divorce laws
- Copy of divorce filing
Meet with your spouse to determine if divorce is really the best option for your situation. Sometimes one person thinks the other person wants a divorce and files the paperwork in order to alleviate some of the problems. In many cases, they later realise that ,had they taken the time to seek counselling or mediation, they might have been able to work out the problems.
Consult a lawyer about the laws in your state for stopping or postponing a divorce. Depending on the state where you reside, the laws may differ. If you are uncertain about the laws or how to go about filing a postponement of the divorce, the best bet is to check with a lawyer. He will be able to provide you with the details of divorce law in your state.
Read your divorce filing paperwork. Most states allow for a period of time between the documents being signed by both parties and the finalisation of the divorce. Depending on where your case is along this time line, you may not be able to stop the proceedings.
Obtain the proper paperwork. Depending on your state of residence, the paperwork required to stop, or postpone, a divorce may have a different name. Check with the city clerk or with a lawyer to make sure that you have the proper paperwork.
File the paperwork with the court to stop or postpone the divorce. Only after the paperwork has been filed, and a judgment has been made, can the proceedings be stopped.
Tips and warnings
- Always consult a divorce lawyer before making any decisions about stopping or restarting divorce proceedings. He can give you handy tips to make the process easier.