Can I Stop My Divorce From Happening?

Posted on October 17th, 2019 in Divorce

You and your spouse have decided to get divorced. You started with paperwork and are now waiting to hear your court date. But you and your soon-to-be-ex have been on good speaking terms for the past few weeks. So well, in fact, that you’re rethinking the divorce. Could this be a mistake? Is this something you really want? Can you stop the process or is it too late?

It’s great that you’re rethinking the divorce! But what happens next all depends on how far along your case really is.

If The Divorce Paperwork Hasn’t Been Filed

The first step in any divorce is filing the paperwork. You need to file a petition with the court for a divorce. However, if the paperwork has not been filed yet, you are in no obligation to follow through with the petition. Even if you have hired an attorney at this point, you will not lose any money from court fees nor will you be required to head to court.

If The Paperwork Has Been Filed

However, if the petition has already been filed, you may be facing some complications. You will need to have your attorney file a motion, asking to dismiss the case or suspending the proceedings if you’re not entirely sure your reconciliation can last. Keep in mind that dismissing the case is rather easy; but if you dismiss the case then decide to divorce, later on, you’ll need to start the process all over again. That means a new petition and a new filing fee.

What if You Reconcile Near the End of the Divorce Case?

Let’s say you and your spouse’s case is nearly completed or you’ve already signed the divorce settlement. You then realize you made a mistake. Is there anything you can do?

If the settlement is already in the judge’s hands, quick actions must be taken. That means filing an immediate motion that asks the court not to rule on the settlement. But once that settlement has been approved by the judge, there’s really nothing more you can do.

If it’s been less than 30 days since the divorce decree has been signed, the attorneys of both parties may be able to reverse the decision. But if it’s more than a month, then you will need to get remarried.

What if You Do Want the Divorce?

At Kalinoski Law Offices, we make sure you are absolutely sure that you want a divorce before the motion is filed with the court. Not every marriage has a “happily ever after” ending, but reconciliations are possible and we want to make sure you’ve come to the right decision before filing any paperwork.

However, if you’re still determined on getting a divorce in Pennsylvania, then you’ve come to the right place! Contact Scranton divorce attorney Craig Kalinoski today and learn what your options are today!

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