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Can I Change My Mind After Filing for Divorce in NJ?
Couples frequently rethink their decision to end their marriage after filing for divorce, which is not usually given the gravity of the situation. If this reflects your circumstances, please continue reading as we explore the steps you can take if you change your mind about dissolving your marriage in New Jersey and how an experienced Ocean County Divorce Attorney can assist you during these difficult times.
Can I Change My Mind About a NJ Divorce?
The end of a marriage can trigger a wide range of emotions, and it’s normal to feel overwhelmed during divorce proceedings. The decision to end a significant chapter in your life can lead to feelings of doubt, regret, and uncertainty. As such, you may begin questioning whether divorce is the right choice. It’s important to understand the clock begins once you serve the opposing party, meaning certain events must take place. If you are uncertain how you want to proceed, you should consult a seasoned attorney to understand the proper procedures for withdrawing your divorce petition. Your attorney can submit a petition for the case to be dismissed, presuming the other party has not responded. If the opposing has responded, you must submit a motion to dismiss the case with the court and obtain the opposite side’s consent.
It’s important to ensure that your spouse is on the same page about the dismissal. If you both agree on the reconciliation, you can file a joint motion to dismiss the divorce case. Both spouses will need to sign a “Stipulation of Dismissal.” When one spouse wants to withdraw, they can file a motion to dismiss the case, but the motion for dismissal will be rendered ineffective if your spouse has filed a counterclaim. This is because a counterclaim creates a separate legal claim, meaning the court needs to consider both the original petition and the counterclaim, preventing a simple dismissal of the original case. The court will need to address the issues raised in both parties’ claims, even if one party wants to withdraw their initial divorce petition. That said, the earlier you change your mind in the process, the simpler it will be to dismiss your case.
What Happens If I Want to Refile My Case?
If you decide to stop your divorce by dismissing the case and later decide to proceed with the process, it’s imperative to understand that you will need to refile your divorce petition with the court. Essentially, you cannot simply pick up where you left off. You will need to restart the process all over again. You should also note that once the court grants a divorce in the state, it’s considered final and cannot be undone without remarrying.
If you are considering dismissing or refilling a divorce in New Jersey, please don’t hesitate to connect with a dedicated attorney from the Law Office of Sarina Gianna, LLC to learn more about your options and discuss your needs. Connect with our firm today for more information.