Understanding Divorce A Little Better

Posted on: 15 December 2021

While divorce is certainly a legal matter, it's also one fraught with emotions. No one wants to divorce unless it's absolutely necessary, and many couples decide to keep trying even once divorce plans are put in motion. You can stop a divorce If you act in time but what action you take depends on where you are in the process. Read on and find out more.

Your Divorce Is Final

Unfortunately, there is such a thing as waiting too long to act. Once your divorce is final, you cannot reverse the process. At that point, your only alternative to being single again is to remarry. Be sure to check with your lawyer to find out about any mandatory waiting periods before you make plans, though.

Your Divorce Is Newly Filed

You may be able to take your divorce paperwork back from the county clerk's office if you are fast enough. There are often delays between the time you submit the paperwork and the time the clerks enter it into the court system. Ask your lawyer what to do to stop the divorce before the case is filed. In some cases, you must file additional paperwork to withdraw the petition.

The Divorce Process Is Underway

If divorce papers have been served, then a court case is now in progress. The way you stop the process is to have your lawyer file a voluntary dismissal request with the court. Then, the case is closed, and the process comes to an end. Should you decide to file for divorce again, a new case number is assigned, and things start at the beginning again. Keep in mind that you may still owe court fees when you dismiss a divorce case.

Agreements Have Been Made

At this point in the divorce process, many couples have already come to agreements about property and debt divisions, child custody and visitation issues, and more. In some cases, the agreements have been filed with the court and your lawyer must file a motion stopping the court from ruling on the divorce settlement agreement. If the family court judge has already approved of and signed the agreements, the way things are handled depends on how recently they were signed. In many cases, agreements signed by the judge as recent as a few weeks ago can be rescinded by the judge as per a request by your lawyer. However, know that after a certain point, the agreements become a permanent part of the divorce which must now move forward toward a final petition.

To find out more, speak to a family law firm, such as Albert & Krochmal.