Here’s what you can do if you’re having second thoughts about ending your marriage.
It’s not unusual to have doubts after you’ve made a big, life-changing decision—especially about going through with a divorce. Perhaps you and your spouse have talked things over and both of you are feeling differently now than when you originally filed for divorce and wish to try to work things out. However, if one spouse still wants to go through with the divorce, there’s not much that can be done to prevent it.
Under New Jersey law, divorce can be a unilateral decision, so if only one spouse wants the divorce, the courts will permit them to file and proceed. The spouse who does not wish to go through with the divorce may think they can prevent it by refusing to accept or respond to the paperwork, but that is not the case. The courts can issue a “default judgment,” which may not only grant a spouse the divorce but may also give them everything they originally asked for regarding child custody, child support, division of assets and spousal support.
If you have filed for divorce in New Jersey and you and your spouse feel that you want to reconcile, there are steps you can take:
1. If you have filed a complaint but no response has been filed
Then you, as the petitioner, can halt divorce proceedings by yourself. It’s important that you make sure no counterclaim (response) has been filed by your spouse. Your attorney will know whether the counterclaim has been filed or not.
2. If a response has been filed, you will need to prepare a “stipulation of dismissal”
Assuming that your spouse has already been served a divorce complaint and has filed a counterclaim, your attorney will prepare a stipulation of dismissal. This essentially states that you have changed your mind and do not wish to go through with ending your marriage. By filing the stipulation “without prejudice,” you give yourself the option to change your mind and move forward with the divorce.
3. Your spouse must agree to and sign the stipulation
While only one spouse needs to file for a divorce, in order to stop a divorce from moving forward after the complaint and counterclaim were filed, both of you will need to agree to cancel divorce proceedings. As such, your spouse will need to sign the stipulation.
4. The stipulation is filed with the courts
Once the court has received the stipulation, they will typically dismiss the case.
Just as deciding to file for divorce is never easy, changing your mind can be fraught with unforeseen issues. Make sure that you aren’t reacting to second thoughts based on a few happy moments over a holiday. Think about why you originally wanted a divorce and give yourself a little time before making any decision to reverse course.
Learn more about your divorce options
East Brunswick divorce attorney Steven M. Cytryn has helped people throughout Central New Jersey navigate the legal issues of divorce, including the decision to stop a divorce proceeding. To learn more about your options and discuss your needs, please contact us online or call our office at (732) 214-1103 to speak with our experienced divorce attorney.
