For many, making the decision to file for divorce is not something that is made lightly or done in a rash decision. This often comes after weeks, if not months, of careful consideration. However, if you have filed and then reconciled with your spouse, you may be unsure of your options. As such, the following blog explores what you should know about canceling your divorce petition and why you should discuss your circumstances with Tampa divorce lawyers as soon as possible.
What Does the Florida Divorce Process Entail?
When you file for divorce in Florida, the first step in the process is to submit the official petition, including the grounds for the divorce and the relief sought. This relief refers to matters like property division and child custody. Once you have filed this with the court, you must then serve your spouse with a copy of the divorce petition.
They will then issue a response. If they agree with all aspects of the divorce, it can continue uncontested. This means you generally will not have to appear before a judge in order to have the document finalized. However, if they disagree with certain matters, your divorce will be considered contested. As such, you must negotiate the disputed matters. If negotiations fail, you may proceed to mediation, and if this does not help you achieve an agreement, a judge will decide on the matter.
Is It Possible to Cancel a Divorce Petition Once It’s Been Filed?
In general, it is possible to cancel a divorce petition after it has been filed in Florida. However, it must be completed before the judge issues a Final Judgment in your divorce. Once the divorce has been finalized, you are unable to cancel the petition, and, if you wish to remain married to your partner, you must obtain a new marriage license.
If your divorce has not been finalized, however, you are eligible to file a motion with the court to dismiss the case if your spouse has not yet submitted their response. In the event they have already responded to the petition, you would need their consent and signature to submit a divorce petition. If they do not consent to cancelling the divorce, it must continue.
As you can see, canceling a divorce can be a complicated and overwhelming process, which is why it’s in your best interest to discuss your options with an experienced attorney. At Tampa Law Group, our firm understands how difficult these matters can be, which is why we are committed to helping our clients through these uncertain matters. Contact our team today to learn how we can help you fight for the best possible outcome in your circumstances.
