Withdrawing a Divorce Petition

When a process server hands you a copy of the divorce petition that your spouse filed, it is easy to feel like you have a lifetime of poverty, loneliness, and regrets ahead of you.  There will eventually be a new normal, but it is a long way away.  Can divorce have a happy ending?  Somewhere, at a wedding reception, a bride is proposing a toast to her mom, dad, stepmom, and stepdad, who are all seated together at the parents of wedding couple’s table, and one day that might be you, moving on with your life while continuing to treat your children’s other parent like family.  You cannot get to that stage until you admit to yourself that your marriage is over, though.  One spouse being in denial about the divorce only makes the legal process and the post-divorce co-parenting relationship more difficult.  What if you and your spouse decide to get back together?  It is possible to withdraw a divorce petition, but wishful thinking will not make your divorce go away.  If your spouse wants a divorce but you don’t, contact a Boca Raton divorce lawyer.

You Always Have a Chance to Reconcile

Perhaps you heard the news that, earlier this month, professional golfer Rory McIlroy and his wife Erica called off their divorce.  The couple filed for divorce in January 2024, but reconciled several months later and withdrew their divorce petitions.  You can do the same if you and your spouse decide, before the divorce becomes final, that you would rather stay married to each other.  If one spouse has filed a petition but the other has not filed a response, then the petitioning party can simply withdraw the petition.  If the non-petitioning spouse has filed a response to the petition, then the divorce case is officially on, and you cannot cancel your divorce unilaterally.  Instead, both spouses must file forms for voluntary dismissal of the divorce case.  You can do this any time until the moment the judge signs the court order finalizing your divorce.

It Is Easier to Get Back Together With Your Spouse Before You Divorce Than After

If you and your spouse agree that you have a future together as a married couple, things are simpler from a legal perspective, if you figure this out before your divorce becomes final.  If you shack up with your ex-spouse but don’t legally get remarried, things will be a mess if you later break up and an even bigger mess if one former spouse dies and his or her estate goes to probate.  If you and your spouse have decided that you don’t want to get divorced after all, don’t send your divorce lawyer packing just yet.  You may be able to prevent the financial issues that brought you to divorce court in the first place from causing future conflicts if you sign a postnuptial agreement.

Contact Schwartz | White About Divorce Ambivalence

A South Florida family law attorney can help you if your spouse asked you for a divorce but now wants to get back together.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

theguardian.com/sport/article/2024/jun/11/golf-us-open-rory-mcilroy-divorce-off