How to Stop a Divorce Legally

You cannot always stop a divorce.

All states allow married couples to get a divorce, though the specific procedures involved differ from state to state. While you cannot always stop a divorce from being filed, nor stop it from being filed in the first place, you do have options if you want to legally stop a divorce.

Instructions

1. Negotiate with your spouse. You cannot force your spouse to stop a divorce, nor prevent him from filing for divorce if he wants to. You can, however, try to convince your spouse not to take any further action.

2. Ask for mediation. Some states allow couples to enter into divorce mediation as an alternative to litigating a divorce before the court. Ask your spouse to consent to divorce mediation so you can try to reconcile during the mediation process.

3. Voluntarily dismiss the divorce. If you filed for divorce and your spouse has yet to file a response, you can voluntarily dismiss the divorce. Contact the civil court clerk's office in the county in which you filed for divorce and ask what you need to do to dismiss the case. This is usually done by filing a new document with the court clerk.

4. Challenge the divorce grounds. If your spouse filed for a fault divorce, you can stop the divorce if your spouse fails to prove the fault grounds are met. If your spouse does not prove the faulty grounds exist, you can ask the court to dismiss the divorce.

Tips & Warnings

• Always talk to an attorney. The laws governing divorces are different between states, and only a qualified attorney can give you advice about what you should or should not do in your case. Talk to a lawyer in your area if you need advice.

References

• California Courts Self-Help Center: How do I stop a divorce case after it has already been filed?
• Waukesha County Circuit Court: Basic Guide to Divorce/Legal Separation