Posted on: 28 October 2015
Deciding to embark on a divorce process is not easy. It is an emotional process that marks the end of a marriage you have invested a lot into. It is therefore no surprise that sometimes one may develop second thoughts about going through with a divorce. If you should find yourself in such a situation, there are options that you can explore. Below, learn what these options are and how you can take advantage of them.
Filing a 'Notice of Discontinuance': If you are a party to the divorce application, you can seek to withdraw that application by filing a 'Notice of Discontinuance' form. You can only do this if you made the divorce application alone or jointly with your partner. The 'Notice of Discontinuance' can also be used to seek the withdrawal of orders sought in the divorce application, e.g. orders seeking to get alimony payments, orders seeking certain child custody arrangements, etc. In addition to the above, the same notice can be used to seek cancellation of any notice or response you had filed previously. If the court hearing for the divorce is still due even after making this application, you should still attend to avoid a determination in your absence.
File a 'Response to Divorce': If you have been served with a divorce application, you can seek to protest the divorce process by filing a 'Response to Divorce'. With this application, you can seek to stop the divorce for any number of reasons you may have. You will need to show reasonable cause in the response application. You can also use this application to object to any information provided by your partner in the divorce application, e.g. duration of the marriage, why the marriage has broken down, details about child custody, etc. Note that you will still be required to attend the divorce hearing where a judge will determine your response application.
Other options: If you are still at the pre-requisite stage of making your divorce application, there a few ways you can seek to end the divorce process. One, you can fail to file the divorce application. You may decide to hold onto the forms until you make a decision. Seek counseling if you think you can quell whatever issues you may be having with your partner. It's also a good idea to consult your family lawyer for legal advice. Two, if you have been separated for less than a year, you and your partner may decide to end the separation. This nullifies the application process. Again, it's good to consult your family lawyer before making this decision.
Talk to a divorce lawyer, such as those at Marino Law, for legal support and direction as you contemplate withdrawing or protesting your divorce. They will ensure you go about it in the right way and for the right reasons.Share