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Vanessa L. Prieto Law Offices, LLC The surest way to victory is through preparation.
  • The surest way to victory is
    through preparation.
  • ~

When Your Spouse Wants To Reconcile After Filing For Divorce

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Even if your marriage has been floundering for years, it is natural to feel a sense of sadness after filing for a divorce. Nostalgic memories of the relationship you and your partner once shared can cause you to question your decision and whether getting a divorce is really the best option.

This is a common scenario and in some cases, a couple opts to get back together and give their marriage another try. However, before making this type of decision, Fort Lauderdale divorce attorney Vanessa L. Prieto advises that it is important to set realistic expectations and to be aware of the legal ramifications. 

Is Reconciling With Your Spouse A Good Idea?

There are a variety of reasons for wanting to end a marriage and only you can determine when you are ready to file for divorce in Fort Lauderdale. However, even if you are completely confident in your decision, either you or your spouse could end up having doubts at some point in the process.

Reconciling and rededicating yourself to working on your marriage is an option, but you may need to set some ground rules first. This includes:

  • Discussing the reasons why you wanted a divorce;
  • Determining how you can possibly rectify the situation;
  • Dedicating yourself to making positive changes;
  • Deciding to get help as needed, such as seeking marriage counseling.

If you fail to address problem areas from the past you are likely to find yourself right back in divorce court in the future. Unfortunately, this can have serious legal ramifications, negatively impacting your rights under the Florida Statutes in regard to any divorce settlements.

Protecting Yourself In The Event Of A Reconciliation

Filing for a divorce and then deciding to reconcile with your spouse can have serious legal consequences. These include:

  • You cannot put your divorce petition on hold while you decide to work on your marriage. If you reconcile and eventually do decide on a divorce, you will need to start over completely. This includes meeting with a divorce attorney, filling out all required forms, filing a new divorce petition through the Broward County Court, and paying all associated fees.
  • Prior marital misconduct is no longer admissible. Marital misconduct on the part of your spouse could entitle you to greater amounts in a divorce settlement. If you decide to get a divorce after a reconciliation attempt, prior bad acts are not relevant in your divorce petition.
  • There could be a dramatic change in marital assets. It is not uncommon to experience dramatic changes in financial status during reconciliation or for your spouse to either deplete or attempt to hide marital property and assets. This will impact your rights in a settlement if you eventually file for a divorce.

Reach Out To Our Fort Lauderdale Divorce Attorney

At the law office of Vanessa L. Prieto, we can advise you on ways to protect yourself during a reconciliation, such as putting a postnuptial agreement in place. To discuss your options, reach out and contact our Fort Lauderdale divorce attorney to request a consultation today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html#:~:text=(1)%20No%20judgment%20of%20dissolution,of%20one%20of%20the%20parties.

browardclerk.org/

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