Can a Divorce Be Stopped in Florida If the Papers Have Been Filed?

By Mary Jane Freeman

In Florida, a divorce is known as a dissolution of marriage. So long as the dissolution decree has not yet been issued in your case -- which finalizes the divorce and makes it official -- you and your spouse can stop the dissolution of your marriage at any time.

File a Motion to Postpone or Dismiss Your Dissolution

The manner in which you can stop your dissolution proceedings depends upon your reasons for doing so. If, after filing for dissolution, you decide you want to give reconciliation a try, you can file a Motion to Abate with the court. This will place the proceedings on hold for a short time. For example, in Palm Beach County, this gives the parties 60 to 90 days to reconcile. After this period, if you wish for the divorce to continue, you only need to file a Motion to Continue with the court and the proceedings will resume. On the other hand, if you and your spouse know that you no longer want to get divorced, you would instead file a Motion to Voluntarily Dismiss the Dissolution Proceedings. This effectively closes the case. However, if your spouse filed a counterpetition in response to your dissolution petition, you both must file the voluntary dismissal request to close the case.

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How Can a Petitioner Drop a Divorce?

If you file for divorce and later change your mind, you can ask the court to drop the case. The legal term for this action is "dismissing" your petition for divorce before it is finalized. The procedure for dismissal will depend on your state's laws as well as your spouse's response to the request. Since filing for divorce does not change your marital status, the effect of a dismissal is simply a removal of the case from the court's docket.

How Do I File for Divorce in Oregon?

In Oregon, divorce is called dissolution of marriage. Either spouse can file for dissolution and must do so in accordance with the procedures set forth in the Oregon statutes. During the dissolution proceeding, a court may divide marital property, award alimony, decide custody issues and terminate the marriage.

Can You Stop the Divorce Process in California After the Waiting Period?

California law mandates that the divorce process take at least six months, and this waiting period does not begin until your spouse is officially served with the divorce petition. The waiting period may be inconvenient for those in a hurry to put their marriages behind them, but it gives the parties time for reconsideration. If you change your mind about finalizing the separation before or after the six-months, you can stop the divorce process in several different ways.

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