Can You Restart a Divorce Case?

By Teo Spengler

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.

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.

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Divorce is never easy, but we can help. Learn More
Can Divorce Proceedings in Arizona Be Stop by the Petitioner?

References

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What is Considered Abandonment in Tennessee Divorce Cases?

The laws of Tennessee allow several grounds for divorce or legal separation, including abandonment and separation -- voluntary or not -- of the parties. To file a successful divorce petition based on such grounds, your spouse must either agree to the grounds, or you must prove them to a judge in divorce court. You must state the grounds in the initial Petition for Dissolution of Marriage, otherwise the court will dismiss the case.

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

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The Retraction of a Divorce Filing

A divorce is not finalized until a judge signs off on the divorce decree and grants a final judgment in the case. Until that point, you and your spouse can opt to terminate the divorce and keep your marriage intact. The method you use to retract your divorce filing will vary depending on when and how you withdraw the petition. State laws differ with regard to the exact forms you must use and the requirements you must meet before you can retract a pending divorce.

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