How DO You Stop A Divorce If You Change Your Mind.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are two ways to stop a divorce proceeding…if you change your mind completely,  or you are not sure you want to go forward to a final divorce and want to give it some time to determine that.

For clients who are not sure and want some time after filing divorce papers to try to work on the mariage, we file a Motion to ABATE the proceedings.  This means essentially to put the proceedings on hold; in Palm Beach County, this is usually for 60 to 90 days to give the parties a chance to reconcile.   They may seek marriage counseling or choose to live separate and apart for that period.  If after that time, one or the other party wants to proceed to divorce court, then they file a Motion to Continue the proceedings.

If the parties are in fact reconciling and neither wants the divorce to go forward, then the petitioner who filed for divorce in the first place can file a Motion to Voluntarily Dismiss the Dissolution Proceedings.  This closes the case as far as the courts are concerned.  Later if you decide reconciliation is not working, and you wish to proceed, you have to start all over again and even pay a new filing fee of over $400.00.   The case is no longer on hold but rather, is  dismissed and you must start over as if the first case didn’t exist.

So before you give your lawyer the go ahead to file for divorce, make sure you want to go through with it.  Otherwise it gets confusing to the parties and also very costly. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Can You Postpone a Divorce Proceeding?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If one spouse wants a divorce in Palm Beach County, Florida, and meets the six month residency requirements, and declares the marriage is irretrievably broken, a divorce will be granted.  That is, if the proceedings go forward all the way to conclusion.

There is a way to put off a divorce, pending a reconciliation or a reconciliation attempt.  That is by Motion to Abate the Proceedings.

Essentially, you are asking the judge to stop the divorce from going forward to 1) give the parties time to go to marriage counseling, 2) give the parties time to get their lives back on track whether it be for school or a job, 3) or generally give the parties time to negotiate a settlement.

Abatement of divorce proceedings is a temporary measure and usually does not last longer than 60 to 90 days unless warranted.   For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

What is reconciliation?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you have already filed for divorce, and then you change your mind,  you might be able to “reconcile” with your spouse to stay married.  Changing your mind may result from marriage counseling, or learning from your lawyer what the ramifications of divorce will be, whether financial hardship or something involving the children.   

 If you change your mind, there are two ways to stop the divorce proceedings.   You can file a motion to abate the proceedings pending reconciliation to see if it will work, or pending marriage counseling, or for a short time certain such as 3 months.  Or, if you are certain you do not wish to go through with the divorce, you can voluntarily dismiss your petition for dissolution of marriage. 

Keep in mind that just because you change your mind, this does not mean that your spouse is in agreement.  If he/she has filed a counter petition to your divorce petition, he/she may still want to proceed and then you have no choice but to get divorced.   For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.