Once You File A Divorce Petition, Can You Still Stop A Divorce In Fort Lauderdale?
Filing for divorce in Fort Lauderdale is a major decision. What happens if you change your mind after filing a petition?
Maybe you had a change of heart, or you and your spouse want to try counseling. Our experienced Fort Lauderdale divorce lawyer explains how to stop legal proceedings and when it is too late to withdraw your petition.
How Florida Law Handles Withdrawing a Fort Lauderdale Divorce Petition
Under Section 61.052 Florida Statutes, a Fort Lauderdale divorce case officially starts when one spouse files a Petition for Dissolution of Marriage through the Broward County Court. What happens if you file but later reconsider? It depends on where you are in the process:
- Before your spouse answers the petition, you can withdraw the petition by filing a Notice of Voluntary Dismissal.
- After your spouse files an answer or counterclaim, both parties must agree in writing to dismiss the case.
- During mediation or divorce negotiations, you can still change your mind.
- Once a judge issues a final judgment, it is too late to stop. You would need to remarry your spouse.
Maybe you aren’t ready to stop divorce proceedings, but need time to think. Our Fort Lauderdale divorce lawyer can ask the Broward County Family Court for a temporary stay or continuance. This allows you to attend counseling or take other steps that might save your marriage.
When Stopping a Fort Lauderdale Divorce Becomes Complicated
Florida law allows divorcing couples to change their minds, even after filing a divorce petition through the Broward County Court. However, things can get tricky once the process moves forward.
If financial disclosures, custody evaluations, or hearings have already started, dismissing the case might require additional steps. You may need to:
- File a motion to dismiss the case with the court’s approval.
- Obtain your spouse’s written consent if they filed a counterclaim.
- Address any temporary court orders, such as child support or time-sharing, which remain in effect until officially terminated.
- Consider getting a postnuptial agreement to protect your rights if your spouse previously engaged in marital misconduct.
If you filed for a Fort Lauderdale divorce due to a spouse’s affair, addiction, or other bad behavior, it could entitle you to a better settlement. However, if you decide to withdraw your petition, you can not bring prior marital misconduct up at a later date. Getting a postnuptial agreement protects your rights if a reconciliation doesn’t work out.
To Get Caring Support and Trusted Legal Guidance, Contact Our Experienced Fort Lauderdale Divorce Lawyer
Relationships can be unpredictable. Sometimes filing for a divorce in Fort Lauderdale doesn’t mean the marriage is truly over. If you are considering a reconciliation, Vanessa L. Prieto Law Offices provides caring support and the trusted legal guidance you need.
We understand that divorce decisions are deeply personal. Our experienced Fort Lauderdale divorce lawyer supports you in whatever you decide while guiding you in the steps needed to protect your rights. To schedule a confidential consultation, reach out and call or contact our office online today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html
browardclerk.org/Divisions/Family
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms/12.927-Form/Notice-of-Voluntary-Dismissal
