Divorce is considered to be a legal process that is approved by a court to dissolve a marriage legally. On finalization of the divorce procedure, each individual regains the right to remarry any person of their choice and at any time. These are laws created to govern divorce proceedings. The court provides this decree and hence is regarded as the final ruling. Order and judgment are passed by the court, thereby officially terminating the marriage. Once divorced, you become a free person and are responsible for what is passed by the court.
How to finalize a divorce?
Most states do not grant divorce automatically and immediately on filing it. Mandatory waiting periods need to be followed between the filing of the divorce and its finalization. The purpose is to offer both parties opportunities to reconcile. However, in the case of uncontested divorce, the waiting period is likely to be seen as a hurdle. Divorce is contested if a dispute arises. It can even delay finalization as it needs to be resolved through mediation, negotiation, or a trial.
Waiting period duration before finalization of the divorce
Certain states require couples to pass the waiting period before finalizing the divorce. However, each state is known to have its own duration that needs to be followed. The waiting period for joint divorce applications starts during filing time. In case one spouse applies for divorce, then the time starts only after the other party is served with the divorce notice. You should hire only trustworthy family and court lawyers like Dave Mejias to fight your case.
Is it possible to stop divorce proceedings?
The marital contract as per the court is considered a partnership contract. Hence, one spouse cannot imply force upon the other to be a part of this contract even if the latter is interested to stop the proceedings. In case the process gets underway, then stopping divorce proceedings can be quite challenging. However, the waiting period does offer the opportunity for couples to do away with their differences and reconcile.
What should spouses do if they plan to reconcile?
Those who desire to reconcile after initiating their divorce proceedings need to evaluate their filing and documents. It is essential to determine the proceeding levels are in. In case final judgment is not yet granted, then the court can be requested by any of the spouses to stop further proceedings. The court is likely to stop divorce proceedings frequently. This is to allow the opportunity to negotiate, mediation, or counsel. But if one spouse demands dissolution, then divorce proceedings are likely to resume.
What will happen if the statutory deadline for stopping divorce is missed out?
It could be that you have filed for divorce and have missed out on the statutory deadline for stopping your divorce proceedings. In such cases, either spouse needs to file with the court additional motions to overturn divorce proceedings. It is indeed a complex process that is better handled by a qualified family and divorce lawyer. They know the prevailing rules and can make the proceedings go in your favor. They will keep your best interest in their mind when dealing with your case. They can also help you both to reconcile.
