As the majority of married couples will admit, marriage is not always easy. There will be ups and downs during the course of your relationship, and no couple is perfect. Unfortunately, if your relationship becomes too tumultuous, you may make the difficult decision to file for divorce. However, if you and your spouse are able to reconcile, you may wonder what will happen to your divorce. The following blog explores what you should know if you wish to cancel a divorce petition, including whether this is possible and the importance of discussing your circumstances with Nassau County divorce lawyers to explore your legal options during these complex matters.
What Happens Once I File for Divorce?
Once you file for divorce, meaning you have submitted a formal petition with the court, you must have your spouse served. Essentially, this means that someone not associated with your case delivers a copy of the divorce petition, as well as a summons to your spouse. They will then have 20 days to issue their response. Generally, your spouse’s response will include whether or not they agree with the relief you’re seeking as part of the divorce process. This relief refers to matters like child support, alimony, or property division.
If your spouse agrees with the requests you’ve made in your petition, this is an uncontested divorce. However, if your spouse does not agree, however, the divorce will be considered contested.
Can I Cancel a Divorce Petition?
Whether or not you can cancel your divorce petition will depend on the circumstances surrounding how far the matter has progressed. In general, if your spouse has not been served or your spouse has not yet filed their response with the court, you may file a Notice of Discontinuance with the court to rescind the decision. If your spouse has already been served divorce papers, you’ll need to serve your spouse.
In the event your spouse has already filed a response with the court, you’ll need their consent to cancel the divorce. This requires you to file a joint stipulation, signed by both parties, to stop the divorce from continuing. Unfortunately, if your spouse does not agree to sign the document, you will be unable to reverse the decision.
You should note that if your divorce is formally finalized by the court, you will not be able to “undo” the divorce. As such, if you and your spouse reconcile and want to remain married, you’ll need to obtain a new marriage license.
If you have filed for divorce and need assistance with any aspect of the process, including reversing the decision, it’s critical to connect with an experienced attorney. At the Sklavos Law Firm, our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help guide you through this complex legal matter. Contact us today to learn how we may assist you.