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 to Put My Divorce on Hold

Courts don’t want you to divorce, and most state laws are set up to allow you time to make sure a divorce is what you want, even after you file. Although procedures vary from state to state, if you file for divorce, then have second thoughts, you usually have several options to slow things down or bring the divorce to a stop entirely.

Does My Husband Need My Permission to Cancel the Divorce?

Both spouses do not have to consent to a divorce for the court to grant one. All states recognize no-fault divorce, which means that if one spouse wants to end the marriage, there is nothing the other spouse can do to prevent it from happening. If your husband changes his mind and wants to stop the divorce after he’s begun it, he does not need your consent. However, you can still divorce. Your options for proceeding with the divorce vary depending on the papers each of you filed.

Does Someone Have to Be at the Divorce Court Date in North Carolina?

In some respects, North Carolina is the easiest state in which to divorce. You don't have to divide your property or debts before filing, and it's not necessary to resolve issues of custody or support. The court can terminate your marriage without addressing any of these issues, but if you don't file a separate complaint to resolve property issues or alimony, you're barred from going back to court later to sort these things out. You don't have to appear in court to finalize the divorce itself, provided you have a lawyer.

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