When there is trouble in a marriage, it can be frustrating and discouraging. Filing for divorce is overwhelming but often necessary for both spouses to move on with their lives. Sometimes, decisions like filing for divorce can be made in the heat of the moment or if the individual truly feels like it is their last resort. But what happens if you realize that you want to give things another try? You can change your mind after filing for divorce under certain circumstances. It is important that you fully understand your rights and legal options during this process. Reach out to a Suffolk County divorce attorney for more information and skilled representation today.
Can I Change My Mind After Filing for Divorce?
If you filed for divorce but are having doubts or want to give your relationship another chance, it is possible to change your mind. However, certain circumstances must apply, and the steps will vary depending on what point you are at in the divorce process.
If the divorce has not been finalized and you and your spouse reconcile, you have the ability to withdraw the petition or request to have the case dismissed. Both you and your spouse must agree that you do not want to terminate the marriage. You can generally submit a written notice with the help of your attorney asking the court to dismiss the case, though you may be required to pay a filing fee.
If the divorce has not been finalized but you and your spouse are unsure or want more time to decide, you can also request a pause or postponement. Courts often grant parties a delay to give them additional time to reconcile or go through mediation sessions.
What if the Divorce Decree Was Already Signed?
Once a divorce is final, meaning a judge signed the divorce decree, changing your mind will be much more difficult. Reversing or rescinding the divorce decree can only be done within 30 days of the judge’s decision, but they will generally rescind the decree only based on coercion, fraud, or a serious error in the process. You cannot have the divorce decree reversed simply because you want to get back together.
Instead, if you and your spouse want to remain married, you will have to remarry in a legal ceremony.
What if I Change My Mind Again?
It occasionally happens that two spouses in the midst of a divorce realize they want to be together so they petition for a dismissal of the divorce, only to wind up back at the same realization that their marriage should be over.
If you requested that your divorce be dismissed but you decide that terminating the marriage is for the best, you will have to go through the whole process again. There is no shortcut or way to pick back up where you left off. Instead, contact a divorce attorney at Peter V. Mandi & Associates and file the original petition for divorce.
