Can I Stop a Divorce Once It Is Filed?

Can I stop a divorce once it is filed?

It is fairly simple to stop a divorce at any point prior to the entry of a final Judgment for Dissolution of Marriage.  If the party who filed the Petition for Dissolution of Marriage no longer wishes to proceed with the divorce, they can request a voluntary dismissal of their Petition through a Motion to the Court. If the non-filing party has already filed a response to the divorce petition, and/or filed a counter-petition for divorce, additional procedural requirements may need to be met, and both parties’ agreement to dismiss the case may be needed prior to the dismissal.  Once a divorce is stopped, all previous Orders entered by the Court become unenforceable.

A more common scenario that occurs is when the parties wish to have a “reconciliation” period after a Petition for Dissolution of Marriage has been filed.  In this scenario, the parties have already begun the divorce process, but one or both parties are not one hundred percent sure they want to continue.  The Court will generally grant at least one request for reconciliation, which is a period of approximately 90 days during which the divorce process is “paused” as the parties attempt to work out their differences.  If the reconciliation period is successful, the Petition for Dissolution of Marriage can be withdrawn and the parties can continue as if no divorce had been filed.  If the reconciliation attempt fails, the divorce picks back up where it left off at the start of the reconciliation period.

If you have questions regarding a divorce you are going through or planning to go through, contact our experienced lawyers today.  Our attorneys are available to meet either in person at our Lombard or Plainfield offices or on the phone at any time.