When Divorce No Longer Makes Sense: Three Legal Recourses


For most people, the decision to divorce comes with a great deal of contemplating before a decision is made. However, sometimes, even after careful consideration, one or both parties involved in the matter will determine that it is no longer the best option. Fortunately, legal recourse can generally be applied in this scenario. 


If there is a time considered ideal to stop a divorce proceeding, it would be shortly after the filing process. Filing is essentially a notice to the court submitted by one party in the union that they seek to terminate the marriage legally. If the person who filed the petition is on board with ending the process, all that is typically needed is a retraction, which comes in the form of a petition to dismiss.

Typically, the paperwork for this process can be obtained at the local courthouse. Depending on the state guidelines, an explanation for the request and a court hearing to confirm may be required. 

Joint Dismissal

Once the petition has been filed and the other spouse responds without a request to contest, the settlement is considered in process. Terminating this court process is not as easy as earlier, but it is possible. 

At this stage, both parties must petition the court for a dismissal. In addition to filing a dismissal request, you will likely be required to pay any associated fines. Like the retraction process, state law may require you and your spouse to appear before the judge to confirm this request and provide additional information. 

Settlement Rescind

Once the settlement is in process, and both parties have agreed, the final step is for the judge to weigh in. This step can involve the judge accepting the proposed settlement terms or adapting their own terms. Whatever the case, the settlement is complete after the judge has made their decision.

A settlement is a legally binding agreement, so the only option is to have the settlement rescinded. However, remember that every state has a term limit for which this is an option. For example, the settlement may only be able to be rescinded for 45 days after it is signed. So, if this is the route you want to take, you must act fast. Otherwise, the divorce will be considered final.  

If you are in this situation and are not working with an attorney — now is the time to do so. Speak with an attorney about your case to learn what options are available. For more information, contact a divorce attorney near you.


13 December 2022

changing a child's last name after a divorce

When I began the divorce process, I knew that I wanted to change my name back to my maiden name. I no longer wanted to be associated with the family name of the man that I was divorcing. The problem was, I have three kids that all had their father's name. I wanted to know if I would be able to change their last names to my maiden name rather than having them carry that family's name for the rest of their lives. I found out a lot about what it would take and began working to create this blog to help other women wanting to do the same thing.