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Can I Stop My Divorce After Filing? Here’s What You Need to Know

Introduction

Divorce is a significant life decision, and while some people may feel certain about their choice, others may experience doubt or a change of heart after filing. If you’ve already started the divorce process but are now wondering if you can stop it, you’re not alone. Many individuals face moments of uncertainty during such a transformative period.

In this article, we’ll explain what happens if you want to stop your divorce after filing, the legal implications, and the steps you can take to reconsider or pause the process.

Can You Stop Your Divorce After Filing?

Yes, you can stop your divorce after filing, but the process and requirements vary depending on the stage your divorce has reached. It’s important to understand that once the divorce paperwork is filed, the process has officially begun, and there may be legal and procedural steps to follow before you can withdraw.

Here’s a breakdown of what’s involved and how you might proceed.

The Stages of Divorce and What Happens When You Want to Stop

1. Before Decree of divorce is Issued

If you are still in the early stages of the divorce process and have not yet received a decree of divorce (the court’s preliminary order), you can apply to withdraw the divorce application. You would typically need to inform the court that both parties have agreed to stop the divorce and that neither side wishes to proceed.

• What You Need to Do:
  Both parties must file a joint application with the court stating that you wish to stop the divorce. The court will review your request and may approve it.
• Things to Consider:
  Even if you’ve filed for divorce, the court might want to make sure you both understand the decision and are not under any duress. Mediation or counselling may be recommended.

2. After the Decree of Divorce

Once the decree of divorce has been issued, the divorce is final and legally binding. At this point, you cannot reverse the divorce. However, in rare cases where there was fraud, coercion, or a significant legal error, you may be able to appeal or challenge the divorce in court. These cases are exceptional and require legal guidance.

What If I Want to Reconcile After Filing for Divorce?

If you’ve filed for divorce but are now considering reconciliation, it’s important to communicate openly with your spouse. You can work together to halt the divorce proceedings, but you’ll need to be transparent about your intentions.

• Counselling and Mediation:
  If there’s a genuine desire to fix the marriage, couples’ counselling or mediation might help resolve underlying issues. Both parties should be committed to the process of reconciliation for it to be successful.
• Communication with Legal Counsel:
  Make sure your attorney or divorce consultant is aware of your decision to stop or delay the divorce. They can guide you through the legal process and ensure the paperwork is properly handled to reflect your wishes.

Legal Implications of Stopping Your Divorce

If you stop your divorce, you should also consider the following:

• Property and Financial Settlements:
  If there’s been any temporary financial settlement, you’ll need to address how this will be handled if the divorce doesn’t proceed.
• Child Custody and Maintenance Arrangements:
  If temporary child custody or maintenance arrangements were put in place, these may need to be revised or nullified if the divorce is called off.

Final Thought

Divorce is a major life decision, and it’s natural to have doubts or reconsider after the process has begun. If you’ve filed for divorce but now want to stop it, it’s possible to pause or halt the proceedings, but it requires careful legal steps. Be sure to consult with your legal advisor to understand your options and ensure your decision is properly executed.

At 123Divorce.co.za, we offer affordable, professional guidance throughout every stage of your divorce process — whether you’re looking to proceed, stop, or reconcile.

Contact us today for expert advice and personalised assistance with your divorce matters.