I Filed for Divorce but Changed My Mind. What Happens Now?
Divorce is a significant decision with serious consequences, especially if children are involved. While many couples find that they have made the right decision to file for divorce, some couples initiate divorce proceedings only for them to realize after a while they are unsure of whether or not they want to proceed with the divorce process. Realizing you want to pause or cancel your divorce after initiating the divorce process can be a daunting situation. You may not know what legal options you have in such a situation.
So, what happens if you have already filed for a Florida divorce but then have a change of heart? Fortunately, Florida has made it easy for couples to put divorce proceedings on hold or even terminate them. In Florida, pausing or terminating divorce proceedings can be as simple as filing one form. However, before pausing or canceling divorce proceedings, you must ensure you and your spouse are on the same page. Suppose you and your spouse are on different pages. If you decide to cancel your divorce, your spouse may likely file a divorce petition after some time.
Motion to Abate
If you have changed your mind about your divorce, the first legal option is to file a Motion to Abate. You can file this motion if you and your spouse have decided that you would like to try working on your marriage. Suppose you and your spouse are interested in trying mediation or counseling to resolve your issues. In that case, filing a Motion to Abate can allow some time for these alternative dispute resolution methods to happen. If the court approves your Motion to Abate, your divorce case will be put on hold for 60 to 90 days. However, it may be possible to pause your divorce case for a longer period.
If mediation or counseling does not work and you wish to proceed with your divorce, you only need to file a Motion to Continue the proceedings. You will not have to refile your case.
Notice of Voluntary Dismissal
If you and your spouse have decided you want to stay together, you can file a Notice of Voluntary Dismissal. Filing this form means you are asking the court to terminate your divorce proceedings. If the court approves your Notice of Voluntary Dismissal, that would close your case and make it appear as though the case was never filed in the first place.
So, who files the Notice of Voluntary Dismissal? The person who initiated the divorce proceedings or a respondent who filed a counter petition can file this form. However, it is crucial to note that a form filed by one spouse cannot terminate the other party’s petition or counterpetition in a case involving a petition and counterpetition. In such a case, both parties must petition the court for a dismissal.
It is crucial that you think carefully about the decision to dismiss your divorce case because once your case is terminated, you will need to start from the start if you and your spouse decide to divorce again.
Contact Us for Legal Help
Whether you need help filing for divorce, putting your divorce on hold, or terminating it, our Orlando divorce lawyers at The Arwani Law Firm are here to help. Contact us today to schedule a consultation.
