One of the hardest choices a person can make is deciding to end their marriage. Marriage is a commitment and one that people enter into with the best of intentions. However, sometimes circumstances change and relationships simply do not work out. Because it is such a difficult decision to make, you may feel regret or uncertainty after filing. If you file for divorce but change your mind, you may be concerned that you have done something irreversible. However, you have several rights and options. Consult with a knowledgeable Sussex County, Sparta divorce and separation attorney to learn more and obtain skilled representation during your case.
What if I File for Divorce and Change My Mind?
The decision to file for divorce is rarely easy and you may have second thoughts during the process. While it can be difficult, you can change your mind after filing for divorce.
If the divorce proceedings have just begun or the decree has not been finalized, you can change your mind by withdrawing the petition for divorce. Both you and your spouse must be in agreement and submit a written Motion to Dismiss the case.
As long as both you and your spouse agree and the final order has not been signed, the court will typically remove it from their docket, dismissing the case. Your marriage will remain intact and it will be as if the divorce process never happened.
Can I Change My Mind After the Divorce is Finalized?
Once the divorce is finalized, however, changing your mind becomes much more complicated. The divorce is officially finalized upon the judge signing the divorce decree. This document is a legally binding order and cannot be reversed for just any reason. Generally, the only time a divorce decree can be rescinded is if the terms of the settlement agreement are being altered due to fraudulent behavior, coercion, or another issue during the divorce process.
If the divorce has already been finalized before you realize that you want to stay together, you will have to get remarried. Your prior divorce does not stop you from getting married to the same person again, though it is important not to take the decision lightly. As you have experienced, the process of getting a divorce can be complex, emotional, and time-consuming. If you have not resolved all of the issues you had during your first marriage, it may be best to work out the kinks before re-committing to one another.
No matter how many times you flip back and forth between wanting to get divorced and wanting to stay together, you should always prioritize protecting your legal rights. An experienced family law attorney at Paris P. Eliades Law Firm, LLC can offer skilled assistance and representation during your divorce.
