Can a Lawyer Help you Stop a Divorce?

In popular representations, lawyers are often viewed as cunning professionals who are out to get your money, even if it means precipitating or drawing out an unhappy situation like a divorce. However the reality is that the law is out there to help people in distress and as professionals of law, lawyers should always be guided what is best for the client. Thus if you have been hasty in filing a divorce petition, here is how a lawyer can help you stop a divorce.

Be clear about what you want

Before you hire an attorney to stop divorce proceedings, make sure that you are clear in your own mind about what you want. It is quite common for couples to rush to divorce even before they have tried all options to save their marriage. Or it could be that the finality of the legal decree of divorce has made you realize that you still love your spouse. There could be several reasons why you want to stop a divorce including practical ones like maintain status quo in living arrangements or long term ones like waiting till the kids are grown up. Before you make the final decision to end the legal proceeding, it is important to meet your spouse and discuss about the future. This is the time when you must speak openly about how you feel about your marriage, your life together as a married couple, and your possible future together. Your spouse must agree with your decision to cancel the proceeding before you work on the legal aspects on stopping it in a legal way.

TIP: Download the guide to making up with your partner and preventing a divorce

The law

A divorce is known as the legal dissolution of a marriage but it is not final until the papers have been signed and a judge has granted the divorce petition. So if you are have decided to give your marriage another chance or want to consider other options like separation, you still have time to work on stopping the divorce proceedings. Since the process of filing for divorce varies from one state to another, those related to stopping it will also differ among states and their legal systems. More specifically, the process of stopping a divorce will depend on the laws of the state where you had filed the divorce petition. Here it is best you hire a lawyer since he/she will provide you with the details of the laws regarding divorce in your state.

Notice of dismissal

To stop a divorce proceeding in any of the US states, at first a notice of dismissal will have to be written. According to the law, the party who filed the divorce petition in the first place should be the one to file the notice to dismiss the case. In case this is you, your lawyer will help you file the notice which should mention your full name, your spouse’s full names, your case number, and a statement indicating that you are requesting that the court enter an order dismissing your case. Both you and your spouse must sign the motion of your own free will and your signatures may have to be notarized. The notice does not have to be approved by the judge, but your divorce case isn’t dismissed until you file it.

Signed order

Once a lawyer has helped you to file a notice of dismissal to stop the divorce court proceeding, the judge will have a look at the notice and sign an order dismissing the case. You will soon receive the court’s signed order that clearly indicates that you have successfully accomplished your goal. However, if you were not successful in doing so before the court ordered the final decree, your lawyer can help you both with a second option too. Most of the US states allow couples to remarry each other without a waiting period but this will have its own legal process.

Other options

With a relationship as complex as marriage, there is no telling what people can end up feeling. In case if you need more time to think about termination of your marriage, your lawyer can help you file a motion asking that the court enter a stay on your case. By doing so, your case will be put on hold until you have taken care of the issue outlined in your motion. Even if you decide at the last moment to end the divorce process, your legal representative can still make the request on the hearing date. For this your lawyer will have to bring along the request with the necessary papers and the judge after reviewing the motion will stop the proceedings as requested.

Limitations

However in case where your spouse wants to end the marriage, but not you, your lawyer cannot do anything to stop the divorce proceedings. Even if you were the one to file the divorce petition but now want to stop it, your spouse has the right to response and ask for the process to continue. With the help of no-fault divorce, your spouse can always ask for it. As per the laws of the United States, you cannot force your partner to remain in marriage. However, if both spouses agree to reconciliation after filing the petition, a lawyer can help you stop the proceeding in a legal manner.

In cases where one spouse does not want to end the marriage, but the other spouse does, you simply cannot do anything from stopping the proceedings. As per the laws of the United States, you cannot force your partner to remain in marriage. With the help of no-fault divorce, your spouse can always ask for it. However, if both spouses agree to reconciliation after filing the petition, the proceeding can be stopped in a legal manner.