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.

Some reasons counseling can be beneficial is that it can allow you to:

  • Acknowledge Emotions: One of the first reactions people face when they undergo a separation or divorce is to go into a kind of "emotional shock." They shut down and refuse to accept the reality of the situation. If you decide to bottle up your emotions, it can often be much harder to move forward. However, a counselor is trained to help face your emotions honestly, freeing you to do the work necessary to become healthy and stable once more.

  • Take a Time Out: For some people, the way to avoid dealing with the pain of a divorce or a separation is to throw themselves into their job. Rather than confront their emotions, they bury themselves in work. A counselor can help you take a moment to reflect and provide a positive plan of action. This will give you the opportunity to take a "time out" in order to begin the healing process.

  • Accept Help: A relationship that did not work out should never be a source of embarrassment or shame. Too often, though, people don't want to admit that something wasn’t meant to be. They attempt to handle things on their own. Without the right tools, however, this can be a hard to accomplish. When you enter counseling, you are showing your commitment to begin the process of healing. By reaching out for assistance, you are empowered to take the next steps towards emotional recovery.

  • Avoid Making Any Major Decisions: When someone goes through a separation or a divorce, it can be tempting to engage in a life-altering decision. Unfortunately, making a major decision is simply a tactic that the mind provides in order to distract us from dealing with what is really causing pain. Once the temporary euphoria wears off, you're back to dealing with the same emotions and feelings you were trying to avoid. Counseling will be beneficial in discussing the motives behind the decisions you make. The counselor can often get you to see the reality of what you're avoiding and help you deal with the problem, rather than allow you to ignore the conflict through a series of distractions.

  • Stay Healthy: For many people, being in a relationship that is going through a separation or a divorce can cause more than emotional hardships. R. Morgan of Fort Worth, Texas suffered through a failed marriage and several failed relationships. Before he knew it, his health was seriously suffering.

    "I couldn't eat or sleep," he explains. "Every time that I went to bed, I found myself thinking about everything that was going wrong with my life. When I sat down to eat, my stomach was in knots. My appetite was completely gone. Between not being able to sleep and not eating right, my health went downhill. It wasn't until a friend took me to counseling that I was finally able to get myself on an even keel." A counselor is trained to take your emotions into account as well as any physical signs that you may be suffering. Emotions are constantly examined, as is your appearance. In some cases, if you need medical assistance to stay healthy, the counselor can refer you to other licensed professionals.
  • Avoid Stress: Although it seems that most people would want to avoid stress when going through a traumatic experience, people can sometimes seek needless strain in their life. There are physiological changes that take place when you are under stress. The heart races, adrenaline pumps through the bloodstream, and there is a feeling vitality. Unfortunately, these sentiments do not last, and when they depart, you usually feel exhausted and spent. A counselor will be beneficial in teaching you how avoid stress when possible and how to emotionally handle situations you cannot control.

  • Move Forward: People who have gone through a relationship loss often find themselves stuck in one place—either emotionally or physically. However, a counselor can often show you exactly how to take the opportunity presented with the separation or the divorce and enact a positive change in your life. When you go through a loss, it is important to understand that the pain being felt will not be permanent. Counselors are there to show you that even the direst of circumstances can be handled when you are willing to accept help.

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.

Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.

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