The decision to get divorced can be tough even when you know it is the right thing to do. While many couples find that they have made the right decision, some initiate divorce proceedings only for them to realize after a while they are unsure of whether or not they want to proceed with the dissolution of their marriage. If you have already filed for a divorce in Massachusetts, but have had a change of heart, it’s crucial to understand your legal options. Please continue reading as we explore what you should consider before halting divorce proceedings and why connecting with our experienced Bristol County Divorce Issue Lawyers is in your best interest.
Can You Change Your Mind After Filing for Divorce in Massachusetts?
If you have filed for divorce in Massachusetts, you can change your mind and stop the process. This can be achieved by filing a motion to dismiss the case with the court. However, you must ensure your spouse is on the same page about the dismissal. Even though a spouse may be willing to undergo marriage counseling, they may still want to keep the divorce case going just in case marriage counseling is not successful. If you have changed your mind, but your spouse has not, there is no need to dismiss the case, as they will likely file a divorce petition.
If you and your spouse are on the same page about dismissing the divorce, you will need to file a joint motion to dismiss your divorce petition. In the event your spouse has filed any counterclaims, they must be dismissed as well. You should note that the earlier change your mind in the process, the simpler it will be to dismiss the case. Nevertheless, it’s crucial to consult with an attorney to understand the specific steps required based on the unique circumstances of your situation.
What Happens If I Want to Refile in the Future?
It’s important to understand that if you decide to dismiss your divorce case and then later decide to file again, you will have to start the process all over. Essentially, you will have to file a Petition for Divorce and have your spouse served with all of the necessary documents. It will be a completely new case, meaning you will need to modify anything that has changed since the previous case was initiated.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you understand the proper procedures for withdrawing your divorce petition. Connect with our firm today to discuss your legal matter with an effective and compassionate attorney.
