If you are in the midst of a divorce and are reluctant to proceed can you halt the process? If your spouse is not in agreement, you cannot do anything to stop the divorce once a response has been filed. The State of Michigan will not force someone to stay married if they do not want to. If, however, you both agree to a reconciliation, your attorney can file a Notice of Dismissal without Prejudice, which you both have to sign, informing the Court that you wish to stop the divorce proceedings .This dismisses your divorce case completely. Should you change your mind again, however, you will have to start completely over, including the waiting period before your divorce is final.
If an answer to the divorce complain has not been filed yet it is a simple matter of informing the court that you wish to dismiss the case and no signature from your spouse is needed.
If you are unsure whether to continue with the divorce and want some time to think the best scenario is to inform your attorney that you are not sure you want to proceed and ask that any progress be put off. Usually, your attorney will notify the opposing counsel that a reconciliation may be taking place and agree that no progress be pursued for a month or two. This allows you some breathing space to rethink whether or not you both wish to continue with the divorce. If no progress is made on your case after several months the Court will eventually dismiss the case for lack of progress so this is only a short respite to allow you to reevaluate your feelings.
Nothing herein constitutes a legal opinion.
CONTACT DAWN-ATTORNEY’S FOR WOMEN
WOTV 4 women’s legal expert Gail Saukas
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