People are fickle and change their minds often, and nowhere is this character trait more on display than in their relationships with others. People fall in and out of love, change various preferences they may have, and even change their plans about their future when they marry their partners. So it should come as no surprise, then, if people change their minds about divorcing their partners.
The divorce process in general is often seen as irreversible, and in some ways that is true. Even in an uncontested divorce, once the court finalizes a divorce, there is little that can be done to “undo” the divorce pronouncement. This does not mean, that the divorce process is unstoppable, however.
If you are started the uncontested divorce process, hopefully you have already had a long and productive discussion with your soon-to-be ex-partner about divorcing. If you are now having second thoughts, though, you have a limited window of time to take action to stop the divorce process.
Dismissing the Divorce Petition
At any time before the court enters its divorce decree and adopts your settlement agreements, whoever filed the initial pleadings with the court can ask to have the divorce case dismissed. This is the cleanest method of halting an uncontested divorce as a court cannot make any orders or pronouncements in a case that has been dismissed.
Be careful, though, because just a court must approve a divorce decree before it is effective, the court must also approve your motion to dismiss before it is effective. It is best in most circumstances to try and dismiss your case sooner, rather than later, if you no longer wish to divorce your partner.
Refuse to Sign the Settlement Agreements
The hallmark of an uncontested divorce in Virginia is two spouses who agree on all issues pertinent to the divorce. These agreements are memorialized in one or more written agreements to which you must assent. Refusing to do so will, by necessity, turn your divorce into a contested divorce. While this does not have the same legal force as dismissing your case, it does halt the uncontested divorce process and forces you and your spouse to go through the lengthier, contested divorce process.
Other Options for Halting an Uncontested Divorce
Although your choices for stopping an uncontested divorce before judgment is entered are limited, your options become extremely limited – virtually non-existent – once the court enters its divorce decree and adopts your agreements. At this point, you are no longer able to dismiss your case and you cannot decide you no longer agree with the settlement agreements. Essentially, post-divorce decree remedies are limited to attacking the agreements or your participation in the process as being unknowing and involuntary. This is a high burden to meet, so again, it is better to take action as soon as you know you no longer wish to pursue an uncontested divorce.
A Virginia Uncontested Divorce Lawyer for You
AC Rieman Law is committed to helping those involved in uncontested divorces at any stage. Whether you are considering filing, have been served with papers, or are awaiting the court’s order to be entered, we lend our years of experience and knowledge to our client’s problems and questions. No matter if you need help filing for an uncontested divorce or if you want to stop yours from progressing, the sooner you act by retaining legal counsel, the better the chances that we can accomplish what you are wanting.
Contact AC Reiman Law today for help with your uncontested divorce situation.