Change of Heart: Retracting a Divorce

DivorceStatistics show that 40% to 50% of American couples end up divorcing. What if you’re among those people who decide to call it quits with your spouse? But, after undergoing the stressful divorce process, you had a change of heart, wishing you could take back your marriage and undo the separation?

As novel as it seems, such cases often happen. A number of couples rushed into divorce only to change their minds. Retracting a divorce is legally possible, as no state forces couples to go through separation if neither of them wants to get divorced. But, the ease of withdrawing the proceedings depends on how far the case has progressed in the court.

When you’re Still in Full Control

You can’t undo your divorce if it’s a closed case, but you can remarry instead. In other cases, there are ways to halt the procedure. The due process compels you to serve your petition for divorce to your spouse, providing them with a copy of the complaint to officially inform of your intention.

If you had a change of heart before serving the documents to your spouse, you don’t need to do anything. Divorce lawyers in Denver say that the court will eventually dismiss the case if you don’t follow through with due process. The practitioners refer to this as failure to prosecute.

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What to do After the Service

Things may get more complicated if your change of heart takes place after you have served your spouse with the papers. As they are now an active participant in the process, doing nothing is not an option anymore. But, if both of you decide not to do anything to forward the proceedings, it counts as failure to prosecute, too.

You may have to pay a fine for this, though. Also, if your spouse decides to push through with the divorce, they can take things in their own hands and may end up getting the divorce on their terms. The most ideal thing to do is file for a motion to dismiss, ending the litigation as if you didn’t file for divorce.

When you and your spouse are always fighting, don’t resort to divorce immediately. Let cooler heads prevail before you decide on anything.

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