Many people assume that once a divorce petition has been filed, there is no turning back. They see the divorce process as a highway with no exits and only one destination. This is, however, not true.

If you and your spouse are having second thoughts about divorce and you’d like to try and seek advice on how to fix a marriage, it is possible to halt the divorce proceedings or request a postponement of the divorce hearing. It is actually not that hard to do since the law encourages and favors reconciliation.

Withdrawing the Divorce Petition

If you and your spouse have both agreed that you would like to halt the divorce and pursue reconciliation, you should notify your attorneys of your intentions and let them handle it.

Generally, if the divorce petition has been filed but the respondent has not filed an answer or counterclaim, the petitioner can withdraw the petition by themselves. However, if the respondent has already filed an answer and confirmed that they want a divorce, both parties must file a motion to dismiss. This enables the court to verify that both spouses have agreed to reconcile. If the respondent had filed a counterclaim, the counterclaim will need to be dismissed separately before the divorce proceedings can be halted. As mentioned above, it’s best to let your attorneys handle it.

Postponing the Divorce Hearing

If you are interested in pursuing reconciliation and seeking advice on how to fix a marriage but you are not completely sure that you want to withdraw the divorce petition, you can ask the court to postpone the divorce hearing. It is important that you get your spouse’s consent before making the postponement request. If the motion is granted, the judge will issue an order and set a new court date.

Rushing into a divorce, just like rushing into marriage, is a bad idea. Just because you have already filed the divorce petition doesn’t mean that you can’t turn back and choose a different path. It’s never too late to seek advice on how to fix a marriage and pursue a happy marriage no matter what your reasons for divorce are. However, this article is by no means a replacement for legal advice from a trained attorney so speak to your attorneys about your intentions and let them guide you.