Can You Pause Or Cancel A Florida Divorce?
Sometimes, people initiate the divorce process, only for them to reach a certain point and change their minds or start having doubts. If you are in such a situation, you should know that cases of people deciding to pause their divorce or cancel their divorce proceedings completely are not as rare as you may think. Cases of couples reconciling in the middle of divorce are not unheard of. If you have a pending Florida divorce case and are wondering if you can pause or cancel your divorce proceedings, read on to learn about your options.
Fortunately, Florida family law courts have made it fairly easy for couples in the middle of divorce proceedings to put their divorce cases on hold, or to even cancel them completely. Depending on whether you just want to take some time to think about whether or not you really want to get a divorce or you want to cancel the divorce proceedings completely, you can either file a Motion to Abate or a Notice of Voluntary Dismissal.
Motion To Abate
If you get to a point where you are not sure if you want to go through with the divorce and want to hit the pause button, you can file what is known as a Motion to Abate. Filing a Motion to Abate can allow you to put your divorce case on hold and take time to think about whether or not you want a divorce. Usually, the hold lasts for 60 to 90 days. However, it can be extended longer. During that time, you may decide to see a marriage counselor who can help you determine if you want a divorce during the time that your divorce proceedings will be on hold. If you later decide to continue with the divorce, you won’t have to refile your case. Rather, you’ll only need to file a Motion to Continue the proceedings.
Notice of Voluntary Dismissal
Suppose you and your spouse decide that you do not want to continue with the divorce proceedings. In that case, the one who initiated the divorce proceedings (i.e., the petitioner) can file a Notice of Voluntary Dismissal. If the other spouse filed a counter-petition, they might also need to file a Notice of Voluntary Dismissal. A spouse who files a Notice of Voluntary Dismissal must provide copies of these forms to their spouse, the Clerk of the Court where the initial divorce petition was filed, as well as to all attorneys involved..
Once the court has approved a Notice of Voluntary Dismissal, it considers the divorce case over and closes the file. So, before filing a Notice of Voluntary Dismissal, make sure a dismissal of your divorce case is what you want. Once the court closes your file, you will have to start from scratch if you later decide you want a divorce.
Contact Us for Legal Guidance
Whether you need help putting your Florida divorce case on hold, canceling your divorce proceedings completely, or filing a divorce petition, our legal team is here for you. Contact one of our Fort Lauderdale divorce attorneys at Joyce A. Julian, PA. today at 964-467-6656 to schedule a consultation. You can also reach us by filling our online contact form.