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.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Can a Divorce Be Stopped in Florida If the Papers Have Been Filed?
 

References

Related articles

Can the Respondent Finalize a Divorce if the Petitioner Won't Sign?

Sometimes a spouse files for divorce only to find out that the process is not going exactly the way she anticipated. She might realize that a court isn’t likely to grant her everything she asked for in her petition, or that you won’t agree to everything she wants in a marital settlement agreement. However, once the proceedings are under way, there’s only so much she can do to stall them. This is true even if she was the one who filed for divorce first.

Steps for Filing Divorce in California

If you are seeking a divorce in California, you must follow the state's filing procedures and, in most cases, attend a court hearing. The state allows for "no-fault" divorce, meaning you do not need to supply specific grounds for the divorce. The state does impose residency requirements, however, as well as a six-month waiting period after the original petition is filed.

Can Divorce Papers Be Rescinded Once Signed?

Your ability to rescind divorce papers after signing them depends a great deal on exactly what you signed and what you want to take back. If you signed a divorce complaint or petition and then decide to stop the divorce process, it’s usually not a complicated procedure. However, if you signed a marital settlement agreement ending your marriage, and if you no longer want to abide by the divorce terms to which you agreed, you should speak with an attorney. Rescinding a marital settlement agreement is much more difficult and you probably could not accomplish it without professional help.

Get Divorced Online

Related articles

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 ...

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 ...

Can You Back Out of Divorce If You Already Filed?

A divorce, like a marriage, can seem like a good idea one minute but a bad idea the next. If you filed a divorce ...

How to Get a Divorce Out of State

If your marriage is headed for divorce, filing in another state might offer some advantages. The laws might allow ...

Browse by category
Ready to Begin? GET STARTED