Can You Stop a Divorce in Florida?
Sometimes, after the divorce proceedings have started, one or both spouses will decide to stop the proceedings. Fortunately, Florida allows the dissolution of a marriage to be stopped at any time as long as the dissolution decree has not been issued. If you want to stop a Florida divorce, a qualified divorce lawyer can help. In the meantime, read on to learn more about stopping a divorce in Florida.
Reasons To Stop a Divorce
Couples decide to stop divorce proceedings for several reasons. The following are some of the reasons you may choose to stop your divorce;
- You and your spouse resolve the issues that led to filing for divorce on your own or through mediation
- You and your spouse decide to attend marriage counseling
- Neither you nor your spouse can afford the financial risks that come with the dissolution of a marriage
- You and your spouse decide that you will not get a divorce until your children reach a certain age
Regardless of why you want to stop the dissolution of your marriage, you can do it. However, the manner in which you stop your divorce will depend on your reasons for doing so. If you want to place the proceedings on hold for a while, for example, to attend marriage counseling, you can file a Motion to Abate. On the other hand, if you no longer wish to get divorced, you will need to file a Notice of Voluntary Dismissal.
Motion To Abate
This is a legal request you file asking the court to postpone your divorce. After you file a Motion to Abate, the divorce proceedings will be placed on hold for 2 to 3 months. Depending on your situation, the court can extend this time period. After the period ends and you wish for your divorce to continue, you will not need to start the process of filing your divorce papers all over again. You will simply need to file a Motion to Continue with the court, and the divorce proceedings will resume.
Notice of Voluntary Dismissal
If you wish to discontinue your divorce, you will need to file a Notice of Voluntary Dismissal. If you filed the divorce petition and your spouse filed a counter petition, they must also file the notice. In Florida, if a divorce case involves a petition and a counter petition, a Notice of Voluntary Dismissal filed by only the petitioner will not dismiss the other party’s counterpetition. For the divorce case to be dismissed or discontinued, the party that filed the counter petition must also file the notice.
To conclude, it is crucial to note that the court cannot force someone to stay married if they do not want to. So, if, for instance, one party cannot be located or does not want to reconcile or try marriage counseling, it may be impossible to stop the divorce. In such a case, it is best to consult an attorney.
Contact an Orlando Divorce Lawyer
Contact the experienced Orlando divorce lawyers at The Arwani Law Firm for legal guidance. To reach us, you can call 407-254-0060 or fill out our online contact form.
