The stages through which you need to go for seeking a divorce isn’t easy by any stretch of the imagination and you might even lose a pound of your flesh. Imagine then, how difficult it can get for you when you decide to reconcile with your partner after filing a petition for divorce or after the divorce decree has been passed. And, yet, if you have decided to give your about-to-end marital relationship another shot, the outcome will depend on the extent to which your case has been pursued by an attorney or the court.
To bring a change in the process of divorce, your divorce lawyer must be able to provide a compelling argument on your behalf as to why you are withdrawing from your case. Despite the best arguments presented sometimes by your lawyer, judges may not agree because they take into consideration the fact that a couple who has entered into a divorce agreement understands everything and retracting wasn’t inevitable.
By and large, if you are thinking to reconcile after crossing a stage in the process of divorce, never forget to consult a divorce attorney.
Now, here is what you need to know when withdrawing from your divorce case.
Before The Filing of Paperwork
If you are willing to seek a divorce and hired an attorney for the same, and if your petition hasn’t reached the court yet, you are under no obligation to continue with the divorce process. For sure, you will need to pay the divorce attorney for any consultation he might have provided to you or any further work he might have carried out so far in pursuance with your case, you are under no obligation to pay the court any filing fee. It is also not mandatory for you to go to court.
After You Have Filed For Divorce
In case your petition for divorce has been filed in the court, it wouldn’t be that easy to retract but not that difficult either. Not easy because by all means, your divorce fee will not be refundable. Not difficult because all you need to do is ask your attorney to have your divorce case dismissed and have further proceedings suspended by filing a motion. Here, you are not required to offer any explanation because such cases of reconciliation are common. And, you will have to file a petition again, if in case you decide to seek a divorce in the future. If you as a petitioner wish to avoid incurring the divorce filing charges, you can have sufficient time before you allow the court to move with the divorce proceedings.
After The Divorce Case is Settled
If both you and your spouse have already signed a divorce settlement and is approved by the judge, the settlement now becomes a divorce decree. Here, it becomes a bit harder to reconcile. But, in case the judge hasn’t ruled out any judgment on the settlement of your case, you can immediately file a motion asking the court to not provide any ruling on the settlement. So, what you need to understand here once the ruling has been passed? Well, if it’s been less than 30 days after the judge has signed a divorce decree, you can ask your attorneys (your attorney and the attorney of your spouse) to ask the judge to reverse the decision. If it’s been more than 30 days or the judge doesn’t agree to reverse the case, there’s virtually nothing you can do in this regard. You are considered to be officially divorced and you will have to remarry if you wish to reconcile.
All in all, keep in mind that family law courts have been designed to protect your interests and they, therefore, advise the couples to think twice before they make a final decision to seek a divorce. If you are in a dilemma when attempting to reconcile and undecided about whom to approach, we at Tacoma city in Pierce County, Washington are there to help you with your case. We help resolve divorce cases by making use of different mechanisms including but not limited to cases where a child is involved.