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Ceasing a divorce once proceedings have started

On Behalf of | Aug 18, 2021 | Divorce |

It is uncommon but not impossible that couples change their mind after starting divorce proceedings. If you and your partner have decided that reconciliation is the best option, then it is feasible for you to withdraw your divorce partition. To do so, you must inform the court of your decision not to proceed.

After you have done so, litigation will come to an end. However, it is important to note that any filing fees and attorney costs up to this point will not be refunded. Furthermore, if you decide further down the line that divorce was the best option, the process will start from the beginning. As a result, attorney and filing fees will have to be paid again.

Can I revoke a divorce that has been finalized?

Occasionally, after some time apart, couples will decide that they want to get back together. There are very limited conditions in which an appeal against a divorce decree can be lodged.

Merely changing your mind will not suffice in launching an appeal. An argument must be put forward that the court’s ruling was unsatisfactory, or that the judge’s ruling contained a legal error. Moreover, a petition to vacate a divorce must be filed within 30 days to five years, depending on the circumstances. Additionally, it is pivotal that the petition alleges, “intrinsic fraud, lack of jurisdiction over the subject matter, or a fatal defect apparent upon the face of the record.”

Things to bear in mind

The divorce process can be strenuous on everyone involved. Couples typically invest a lot of time, money and emotion into the procedure. It is vital that couples take their time and reach a sure conclusion as to whether reconciliation is the best option. None of the money spent can be refunded and if the process must be restarted then costs could end up being doubled.