No one goes into a marriage thinking it will end in divorce, but sometimes things don’t work out the way we planned. It is a common misconception that once you file for divorce, the process is set in stone. However, this is not always the case. If you’ve made the decision to file for divorce, can you still change your mind? In Arizona, it is possible to change your mind about getting a divorce, even after you have filed the paperwork. You can change your mind at any point before the divorce is final. Read on to learn more about how to change your mind after filing for divorce.
If you have a change of heart after filing for divorce, there are a few things you can do to stop the process.
How Long After Filing For A Divorce In Arizona Can You Change Your Mind?
The answer to this question depends on a few different factors, but in general, you can usually change your mind about getting a divorce within a few weeks of filing. However, there are certain steps that you will need to take in order to make this happen.
In Arizona, a “Petition to Dismiss” is a legal document that you can file with the court once you and your spouse have changed your mind about getting a divorce. This must be done within 20 days of filing the initial paperwork. Once filed, this document will officially cancel your divorce case and put an end to the entire process. However, it’s important to note that not all divorces can be dismissed in this way.
For example, if you have already completed the divorce process and have a final divorce decree, then it would be very difficult (if not impossible) to get the case dismissed. The same goes for cases where there has been a lot of conflict or hostility between the spouses – in these instances, the court may not be willing to dismiss the case.
It’s also worth noting that a Petition to Dismiss can only be filed by one spouse – both parties cannot agree to dismiss the case.
Once you have filed the Petition to Dismiss and notified your spouse, the divorce proceedings will be put on hold. You and your spouse will then have a few weeks to decide if you want to proceed with the divorce or not. If you both decide to cancel the divorce, the court will dismiss the case and you will be able to go back to living as a married couple.
However, if you decide to proceed with the divorce, after all, you will need to start the process over again from the beginning. This means that you will have to file a new divorce petition and go through all of the steps involved in getting a divorce.
When Is It Too Late To Change My Mind About Getting The Divorce Process Dismissed?
It is not uncommon for a person to file for divorce, only to have a change of heart a short time later. If this happens to you, it is important to know that you may still be able to dismiss your divorce case, as long as you act quickly and meet certain requirements.
In Arizona, once a divorce case is filed, there is a 60-day waiting period before the divorce can be finalized. This waiting period can be waived if both parties agree to do so, but if one party objects, then the waiting period must be adhered to. During this 60-day waiting period, either party can request that the court dismiss the divorce case. If the court grants the dismissal, then the divorce will be effectively called off and the parties will remain married.
If you have already been through the divorce process and your divorce has been finalized, then it is much more difficult to change your mind and have the divorce undone. In most cases, a person who regrets their divorce and wants to try again with their spouse would need to file a new divorce case and go through the entire process again.
However, there are a few limited circumstances in which a person might be able to annul their divorce after it has been finalized. These typically involve situations where one party can show that they were coerced into getting divorced or that they were not mentally competent at the time of the divorce.
If you’re considering a divorce, it’s important to know that there may be some hope for reconciliation. You and your spouse can work with an experienced family law attorney to explore whether or not divorce is the best option for your family. Don’t make any decisions before you talk to an expert – call us today!
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The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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