Can You Restart a Divorce Case?

by Teo Spengler
Divorcing couples may restart a divorce after dismissal in some states.

Divorcing couples may restart a divorce after dismissal in some states.

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Some states allow uncertain spouses to push the pause button in the middle of a divorce, effectively halting the action. If you decide to proceed with a paused case, you simply notify the court. Even if you terminate the case by filing a dismissal, you can still restart the divorce in some states by filing a petition to reinstate.

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Restarting After Pause

Some states allow divorcing couples to pause their action as the spouses talk reconciliation. In these states, you and your spouse may ask the court to place the divorce in reconciliation status, halting the divorce for a matter of months. The case may automatically restart when the time period is up, or you can notify the court of your desire to proceed with the divorce.

Motion to Reinstate

If you file for divorce and then dismiss the petition, your case is technically out of court. But some states allow spouses to change their minds a second time. In these states, you may restart the divorce by filing a motion to reinstate the dismissed case. Sometimes the court uses the date you filed the motion as the new date of filing for property division and related purposes.