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What if We Change Our Minds About a Divorce?

Posted on in Divorce

IL divorce lawyerIt happens to many Illinois couples - they feel that their marriage has reached an insurmountable hurdle and initiate a divorce, only to later reconcile. Sometimes this happens because one party acted too hastily during a fight. Other times, a couple has slowly drifted apart only to rediscover a spark when they attempt to finally split. Luckily, there are ways that a couple who is thinking about staying married after all can call off their divorce, or even just delay the process while they make a decision. If your divorce has already begun and you are hoping to reconcile, a qualified divorce attorney can help you understand what options you and your spouse may have.

What Is the Reconciliation Calendar?

Putting your divorce on the court’s reconciliation calendar immediately suspends all divorce proceedings for couples who may not want to get divorced after all. Cases on the reconciliation calendar are not dismissed outright, only paused. If you decide that you do in fact want to go through with the divorce after failing to reconcile, you can more or less pick up where you left off.

This is often a good option for couples who are on the fence. In cases where one spouse is adamant that he does not want the divorce, but the other is hesitant, pausing the proceedings can be a low-risk way for the hesitant spouse to consider his options without needing to start all over if he still wants the divorce in a few months.

While on the reconciliation calendar, couples can also take advantage of that time to seek marital counseling, to move back in together on a trial basis, or simply to spend time together exploring their relationship. Should they succeed and find that they would like to remain married, the case can then be dismissed.

How Can a Divorce Action Be Dismissed?

Dismissing a divorce is relatively simple, as far as legal processes go. If you just filed and your spouse has not even had time to file a response yet, you can dismiss the action on your own. This sometimes happens when a divorce is hastily filed after an argument and the person who filed regrets it. If this is you, you are far from alone.

Otherwise, you and your spouse will both need to agree to dismiss the divorce. If either party objects and wants to continue the divorce, they can, regardless of who initially filed. However, if both of you are willing to call off your divorce, you can do so by mutual agreement.

Call a Kane County Divorce Lawyer

Whether you are seeking to file a divorce or seeking to call off a divorce, Serrano Hanson is here to help. Let our experienced Geneva divorce attorneys guide you through your family law concerns. Call us at 630-844-8781 so we can arrange a free consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

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