I Filed for Divorce but Now I Want to Reconcile. Can I Change My Mind?

After sharing your life with someone, it’s common to feel twinges of regret after filing for divorce. You may feel nostalgic for the good times you experienced or sad because you didn’t envision raising your children as a single parent. If you feel strongly that filing for divorce was a mistake, you may be wondering if it’s possible to reverse the filing and try to reconcile instead. Before taking steps to stop the divorce, it’s important to evaluate your reasons for doing so:

• Do you want to get back together just for your children? If so, its important to remember that your children may be better off in a calm single-parent household than a high-conflict two-parent household.
• What has changed that causes you to believe you will be happier if you stay married? You may be feeling sentimental for the good times and downplaying the bad ones in your mind. Unless something has significantly changed in your life or relationship since filing for divorce, you are likely to continue to be unhappy in your relationship.
• Are you and your spouse willing to commit to marriage counseling? This will be essential to help you resolve the issues that led to you filing for divorce in the first place. You and your spouse will also need to take steps to resolve the issues that the marriage counselor identifies.
• Does your spouse want a reconciliation as well? Both spouses need to want this and be willing to work at the relationship for success in the long term.

If both you and your spouse want to reconcile rather than continue with the divorce, your attorney can file a Motion to Abate with the court. This puts a 60-90 day pause on your divorce proceedings, giving you time to attend counseling and help you reach clarity on whether reconciliation or divorce is the right option for you.

At the end of the 60–90-day period, you will need to decide whether to proceed with your divorce or your reconciliation. If you decide to proceed with your divorce, your attorney will file a Motion to Continue. At this point, your divorce proceedings will continue where they left off.

If you decide to reconcile, your attorney will file a Motion to Voluntarily Dismiss your divorce case. Something important to keep in mind is if you decide at a later point that you want to continue with your divorce, you will need to start the process from scratch again.

Whether you end up deciding to divorce or stay together, this is a significant decision in your life and should not be made lightly. Take the time to consider the pros and cons of each alternative and meet with a family law attorney to understand your legal rights and options. Troy Legal is a leading South Florida family law firm that has helped thousands of couples through the divorce process. Contact us if you are considering divorce so we can advise you of your legal options.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.