How to Stop a Divorce Fast
- 1). Ask your spouse to consider reconciliation through mediation or counseling. This is an important step if you are facing an imminent divorce or if your divorce petition is in the waiting period. The court waits for about 30 days before looking at filed divorce petitions. Mediation can be done by a family law attorney, a marriage counselor, family or friends. Ask the court to provide you with court counseling services if you do not have the time or money to find a family law attorney.
- 2). File a motion to dismiss the divorce if you had already filed a divorce petition and your spouse has not yet responded to the petition. File the motion within the 30-day waiting period, to stop your divorce immediately. The person who filed for the divorce is the only person who can initiate the process of dismissing or the withdrawing of the petition. Request "motion to dismiss" forms from the court clerk and fill them in by indicating the status of the case proceedings, the reasons for dismissing and whether your partner agrees to this. File these with the court clerk and pay the fee.
- 3). Send your spouse a copy of the motion to dismiss the divorce via certified mail if he is not present with you during the filing. If he had already responded to the divorce petition by filing legal documents or by appearing in court, you require his signature on the dismissal, even though this is not mandatory. File for the motion within the 30-day waiting period. The dismissal will then be submitted to the court, which has the mandate to stop the divorce.
- 4). Attend the hearing on the agreed date, but if your spouse agrees with the dismissal, then you do not need a court hearing. In this case, the judge will issue an order to dismiss the case. Copies of the order will be sent to you and your spouse.
If the case is contested, a hearing will be held. The judge will hear arguments from you and your spouse. If the judge determines that grounds exist to stop the divorce, the court will order that the divorce be stopped.