Making the decision to file for a divorce can be a difficult one. When children, property, and other assets are involved, it can be messy, as well.
The finality of a divorce can cause a lot of emotion from both parties. And in some cases, the feelings involved may cause a couple to rethink their decision. But can a divorce be undone if you have a change of heart?
Can You Reverse a Divorce in Virginia?
The main factor in the possibility of reversing a divorce is what stage the proceedings are in. If the divorce has already been finalized, there isn’t much that can be done – other than remarrying the person if you choose to.
But, if you haven’t finalized the process, there are options in Virginia to reverse what has been set in motion. Specifically, you can choose to withdraw your divorce petition or sign a form for voluntary dismissal of the divorce.
Withdrawing a Divorce Petition in Virginia
If the divorce process is in the early stages, it’s easier to reverse the process. This involved a divorce petition that you can get from your county clerk’s office.
This process will stop the divorce petition before it has been filed, essentially ending the proceedings. However, because the petition has already been sent, you are relying on the county clerk to withdraw your petition, and you need to be clear about your situation. Depending on the situation, you may have to file additional forms in order to finalize the divorce proceedings.
Signing a Voluntary Dismissal Form in Virginia
When you and your spouse make the decision to stay married, but the divorce process is already further along, it gets a little bit more tricky. In this scenario, it may be easier to get a Virginia divorce attorney involved.
Depending on the stage of the divorce, you may be able to file a voluntary dismissal of the divorce. This will allow the court to dismiss your divorce case – but it often comes with a filing feel. The good news in this scenario is that in Virginia you don’t need to provide any explanation as long as you have the proper paperwork.
Can a Virginia Divorce Be Undone if the Settlement is Signed?
If the divorce has already progressed to this point and the settlement is signed, it will be very difficult to undo what has been done. Your best option is to file a motion with the court to not rule on the settlement to buy yourself some time.
The judge may have signed the divorce decree already – in this case, it requires the judge to reverse their decision. The judge can only make this change if the decree was signed less than 30 days prior.
Virginia Divorce Reversal Attorney
As you can see, it gets tougher to reverse a divorce the longer down the line, the proceedings have gone. In all cases, having a divorce attorney involved is going to be helpful during the process.
If staying married is the right thing for both parties, it’s alright to attempt to get the divorce reversed. AC Rieman Law specializes in uncontested divorce proceedings but can provide help in many areas of family law.