How to Rescind a Divorce

Nobody wants to see their marriage end in divorce. You have made a lifetime commitment to each other, and you want to spend the rest of your life with that person. Sometimes, even the best marriages experience problems. Often, one person will feel that they just can't get past the issues, and wants to leave the marriage. Divorce becomes an all too frequent solution. Maybe you've started the steps to get a divorce, and now you've changed your mind. Or, perhaps your spouse has decided not to go through with the divorce. This article will explore how to rescind a divorce at different stages of the divorce process.

Things You'll Need

• Attorney
• Court paperwork
• Ability to talk to spouse to try and work things out

Instructions

1. Decide not to divorce before any paperwork is filed with the courts. If you haven't started the formal divorce process, all you have to do is change your mind. You don't ever have to file paperwork that puts you on the path to divorce. Tell your spouse that you have changed your mind, and you are willing to work through things.

2. Talk to your spouse about working things out before he or she files any paperwork. If it isn't you who is wanting the divorce, but your spouse, try and get them to agree not to start paperwork. This way, the two of you can have a chance to resolve things and stay together before the legal process of divorce is started and the courts become involved.

3. Drop the case. If you have already filed paperwork in the courts, take the steps to drop the case. The plaintiff has the ability to drop the case, so you have to be the plaintiff. If not, you will have to get your spouse to do what is needed for the case to be dropped from the court system.

4. Negate the requirements for the divorce to go through. One requirement in many states is that you have not cohabitated for a year prior to the divorce. Spend the night with your spouse and engage in marital relations. This can stop the grounds for divorce from being met.

5. Don't follow through on necessary steps and paperwork. If your state requires you to file certain paperwork in a specified time period for the divorce to go to the next step, don't file it. If you are required to attend certain classes before your divorce can go through, don't attend them.

6. Contest the divorce. In some states, there is a requirement that the divorce be uncontested by both parties to go through, at least until a certain time period is met. In Maryland, if you are separated for one year, you can get divorced if both parties agree and sign paperwork. You can put off the divorce being granted if you contest this. However, in Maryland after two years, a party can get a divorce even if the other party wants to remain married.

7. Tell the judge you don't want the divorce. When you go to your hearing, let the judge know you no longer wish to divorce. The judge can stop before a court order is granted for the divorce.

8. File exceptions to the order for divorce, or file an appeal. You can appeal the judge's decision to grant a divorce based on there not being sufficient evidence to find that the requirements were met. For example, if adultery was proven and was the basis for the grounds of divorce, you can file an appeal arguing that adultery was not proven based on the evidence.

9. File a motion to rescind the divorce. There is no guarantee that this will be granted or even permitted in a state, but you may be able to have a judge rescind the divorce order.

10. Remarry. If you've taken steps to do everything you can to stop the divorce but it already goes through and there is a court order to the effect, you will just have to get married again. Take this opportunity to put the romance back into the relationship, and even take a new honeymoon.

Tips & Warnings

• Your best bet to rescind a divorce or stop it is to speak to an attorney. The attorney will know the specific laws in your state, and be able to advise you on what specific steps will be needed to rescind the divorce.

• Think carefully before you decide to file paperwork and get the courts involved in a divorce. There are many steps to take to stop the court process once it has begun.

• Once there is a court order of divorce signed by a judge, it will be difficult to rescind the divorce.