What Happens to My Divorce Case if We Reconcile?
After filing for divorce, some couples begin to have regrets, and seek out reconciliation with their spouse. If you and your spouse have doubts about a divorce, or do decide to reconcile, there are a few steps you may take to place a hold on your divorce or dismiss it completely. Keep in contact with your Orlando Divorce Attorney and discuss your intention to reconcile or ultimate decision to dismiss the divorce proceedings.
The first step an individual may take in order to delay a divorce and seek reconciliation, is to inform the court that they do not believe the marriage to be irretrievably broken. You may ask the court to order counseling for you and your spouse and it is within the court’s discretion to order the parties “to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation.” 61.052 While you and your spouse are attempting reconciliation, and attending counseling, the court may place a hold on the divorce proceedings for a time not to exceed 3 months. 61.052 However, it is important to note that this action only places a hold on your proceedings, you must take further legal steps to dismiss the proceedings.
A couple that may have doubts about their divorce, where a hearing or trial is set, may also discuss with their Orlando Divorce Attorney the possibility of filing a Motion to Continue. This motion could be filed individually or jointly with opposing counsel. The statutory requirements of a Motion to Continue, surround the element of good cause. Therefore, you must present the court with good cause for reason to postpone or continue the hearing previously set. It is likely that a joint couples’ intention or attempt to reconcile will provide the court with proper grounds, and good cause to continue a hearing or trial. However, the court must grant this motion before the hearing is actually continued. As previously discussed, this continuance will not dismiss the divorce action, but rather provide time in order to proceed with a possible reconciliation.
If you and your spouse do officially decide to no longer proceed with a divorce and remain a married couple, you will need to file proper documents with the court. In order to dismiss the action, you would need to file a Motion to Voluntarily Dismiss the Dissolution Proceedings. This may be filed individually, or jointly with the opposing party. Upon review, the court will dismiss your divorce case and note it as closed. You may then continue with your marriage, and have no connection with the divorce proceedings or the court.
Reconciliation with a spouse during a divorce proceeding is not impossible. If you are having doubts about your divorce and wish to gain some time to process your feelings and consult your spouse about your relationship there are motions that may be filed on your behalf to delay your proceedings. However, if you wish to officially reconcile with your spouse and completely dismiss your divorce action, you must file a Motion to Dismiss to close your case. Keep an open dialogue with your Orlando Divorce Attorney to ensure your rights are properly protected and that you are able to process your divorce in your own time.
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