Once you have filed the necessary paperwork to get divorced, you might think that you have no way of getting out of it. This actually isn’t true though. If you change your mind, you can back out of your divorce, even if you’re the one who filed the original petition. It’s not always a smooth process though, especially at later stages of your divorce. A Peoria divorce lawyer from our firm can tell you more about your options and how you avoid as many complications as possible when you back out.
When Can I Change My Mind About Filing?
You can change your mind about filing for divorce at pretty much any point in the process. You may have to deal with a variety of complications though, especially if you are deeper into the process. Talking to your spouse is going to be a necessity too. This is probably going
Can I Change My Mind Before the Trial or Hearing?
If you change your mind before you even go to a hearing, that can make it easier to put a stop to the divorce. If you were the one who submitted the original divorce petition, you can withdraw it any time before the hearing begins. You must file a motion to dismiss, notify your spouse and their attorney, and go to your assigned court date. Your divorce should be dismissed without prejudice, meaning that you can file for divorce again in the future if you wish.
Should I Talk to a Lawyer If I Change My Mind?
You should definitely talk to a lawyer if you change your mind about your divorce. Sometimes it’s easy to put a stop to this process, but if you have made significant progress you want to be aware of any legal implications of withdrawing your petition. This usually isn’t as simple as telling the court that you just don’t feel like getting a divorce anymore. There may be some paperwork to do and fees to pay, and your lawyer can make sure that everything is in order.
What If My Spouse Has Entered Their Own Petition?
If you have reached the point where your spouse has responded, that can make matters more complicated. Even if you change your mind, you cannot unilaterally end the divorce process if both of you have submitted your own petitions. Two people have filed for divorce. Two people need to agree to end it. If you and your spouse both withdraw your petitions, you can end the divorce process and go back to life as usual.
Talk to an Attorney
So if you and your spouse have decided not to get a divorce, make sure that you know exactly what you need to do to get your case dismissed. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation and learn more about what our attorneys can do to assist you.
