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Can You Change Your Mind About Divorce?


Can You Cancel a Divorce After Filing?

Yes. In California, couples have options for stopping a divorce even after filing the initial petition. The ability to do so, however, hinges on the stage of the process.

Unfortunately, once a California court finalizes a divorce, there is no legal mechanism to "stop" or "cancel" it. The judgment acts as a permanent severance of the marital bond. If, after the finalization, both parties wish to reconcile and live as a married couple again, the only recourse is to remarry.

If the divorce hasn't been finalized, you will both need to consent to the cancellation of the divorce. The filing party, typically the petitioner, can submit a request for dismissal, known as Form CIV-110. This can occur at any point before a final judgment is issued.

It is important to note that if your spouse has already filed a response or the court has made any decisions regarding finances or child custody, both parties will need to agree to the dismissal. In such cases, consulting with a family law attorney is recommended to navigate the legalities involved.

Is Stopping Your Divorce the Right Decision?

Ultimately, the decision to end a marriage rests with the individuals involved. You, better than anyone, know the complexities of your relationship and what path will lead to the greatest happiness and well-being for yourself and your family. While you have the right to make the choice that feels best for you, consider these important factors before canceling a pending divorce:

  • Has the root cause of the marital problems been addressed? Divorce is often a response to deep-seated issues. Carefully evaluate if those issues have been resolved or if there's a genuine commitment to working through them together.
  • What prompted this change of heart? Consider what is motivating you and your partner to cancel your divorce. What has changed concerning why you filed in the first place?
  • Are your communication skills strong enough? Effective communication is vital for any healthy relationship. Assess if you and your spouse have developed the skills to openly and constructively communicate your needs and concerns.
  • Are your financial goals and priorities aligned? Financial incompatibility is a major source of marital stress. Ensure you and your spouse have a clear understanding of each other's financial goals and are prepared to navigate them as a united front.
  • How will this decision impact your children (if any)? Children are often deeply affected by marital discord. If you have children, carefully consider the potential emotional impact of stopping the divorce and ensure a stable and nurturing environment is in place.

Taking time to thoughtfully reflect on these points can provide valuable clarity as you make this significant decision. Consulting with a marriage therapist or counselor can also offer guidance and support as you navigate this complex situation.

Compassionate Divorce Counsel

Considering divorce can be a stressful and overwhelming experience. The attorneys at The Neshanian Law Firm, Inc. understand the emotional and legal components involved and are dedicated to providing compassionate and effective guidance throughout the process.

Whether you're contemplating divorce or have already received a petition, our experienced attorneys can help you understand your options and make informed decisions. We offer comprehensive legal services, guiding you through every stage of divorce, from initial discussions about filing to child custody arrangements and property division.

Our client-centered approach works to make sure your voice is heard and your needs are prioritized throughout the proceedings. Should you have doubts about proceedings or concerns of any kind, we are happy to offer an objective legal opinion and discuss what legal avenues are available to you.

Contact us online or via phone at (949) 577-7935 to schedule an initial consultation today.

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