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. Â 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 partiesâ€™ agreement to dismiss the case may be needed prior to the dismissal. Â 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. Â 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. Â 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. Â If the reconciliation period is successful, the Petition for Dissolution of Marriage can be withdrawn and the parties can continue as if no divorce had been filed. Â 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,Â contact our experienced lawyers today. Â Our attorneys are available to meet either in person at our Lombard or Plainfield offices or on the phone at any time.