Divorce is a significant decision. As such, it’s not uncommon for people to change their minds about ending their marriage after filing the paperwork. According to research, nearly half of those considering divorce may change their feelings within a year, potentially leading to a decision to reconcile instead of going through with the divorce. If this reflects your circumstances, please continue reading as we explore the steps you must take if you change your mind after filing for divorce in New York and how a skilled Suffolk County Divorce Attorney can assist you.
Can I Change My Mind After Filing for Divorce in New York?
The initial decision to divorce can be driven by emotions and made impulsively during moments of intense conflict, only to be reconsidered later when emotions have cooled. Couples may even decide to try marriage counseling, which could lead to a change of heart and a desire to work things out. Regardless of the reasoning, if you change your mind after filing, you must inform your attorney and take the necessary steps to officially withdraw your divorce petition.
First and foremost, if you want to dismiss your case, you need to make sure your spouse is on the same page. Although a spouse may be willing to undergo couples therapy after filing for divorce, they may still want to keep the divorce case going. If you both agree on reconciling, you can file a joint motion to dismiss the divorce case with the court. When only one party wants to withdraw the case, they can file a motion to dismiss, but they will likely need the other to consent. If they don’t consent, they will likely file a divorce petition a short time afterward. Ultimately, the earlier you change your mind in the process, the simpler it will be to dismiss your case.
What Happens If My Case is Dismissed?
If you later decide you want to proceed with dissolving your marriage, you will need to file a new petition and go through the entire process again. It’s important to understand that you cannot simply pick up where you left off once the court dismisses your case. This means you will need to file a new petition for divorce and serve your spouse with all the required documentation. Since this is a completely new case, you may need to modify certain things from the previous case.
If you are considering dismissing or refilling a divorce in New York, it’s in your best interest to consult with a skilled family law attorney from the Law Offices of Susan A. Kassel, P.C. for guidance and skilled representation. Our legal team is prepared to help you explore your options. Connect with our firm to learn how we can fight for you during these difficult times.
