Can I cancel my divorce after filing?

Can I cancel my divorce after filing?

On Behalf of | Nov 26, 2021 | Divorce |

Sometimes, emotions run wild, and what you feel at one point changes. This can happen in a divorce situation.

If you file for divorce and later change your mind, the Judicial Branch of California explains you may be able to stop the process.

Circumstances

To stop a divorce, you need to be the person that filed. If you did not file, then there is nothing you can do. The court will likely grant your spouse the divorce. It does not take agreement for a divorce to happen. If you refuse to agree on a settlement of your assets and any child-related issues, the court will simply do it for you. Note that if you refuse to show up for court, the judge will just enter a default judgment, which will probably be in favor of your spouse since you were not present to state your desires.

However, if you both change your minds and agree to end the process, then whoever filed can withdraw the case.

In addition, you cannot reverse a divorce a court has already granted. If you have been through the process and the judge declared an end to your marriage and granted your petition, then you cannot reverse it. You would have to remarry your spouse.

Actions

If you wish to end your divorce filing, you will need to file a request for dismissal with the court. This will help to handle the legal aspects of stopping the process.

Do note that if you end your divorce proceedings but decide to go ahead with them later, you will have to start from the beginning. This includes refiling all paperwork and paying all associated fees.

For this reason, it is incredibly important that before you revoke your petition that you ensure you truly do wish to stop the divorce and maintain your marriage.