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.