Driven by an emotionally heated moment, you may have hastily prepared and served your spouse with divorce papers. However, as you and your spouse spend some time apart and “cool off,” so to speak, you may realize that divorce is not the solution, nor a necessity. After already retaining legal representation and submitting legal paperwork with the New Jersey family court, you may wonder whether it is too late to turn back. Well, for this, please read on to discover whether you can change your mind after filing divorce papers and how a seasoned Bergen County divorce attorney at McNerney & McAuliffe can help you make matters right again.
Can I change my mind after filing divorce papers?
If you are the spouse who petitioned for a divorce, and your spouse has not yet filed a response to your divorce complaint, you may voluntarily withdraw it on your own. Even so, though, you should communicate your decision to the county clerk’s office where you submitted your complaint. This is to ensure that it is withdrawn officially before a case is created and to inquire about any other paperwork possibly required of you.
Or, if your spouse has already filed their response, you may want to speak with them about dropping the case. Only if they agree to it, you may jointly file a Stipulation of Dismissal with the New Jersey family court anticipated to handle your divorce. All of this to say, there are ways to dismiss your divorce case up until a final judgment is issued. However, the sooner you choose to do so, the better, and things may get more complicated if you already executed a divorce settlement agreement ahead of the final decree.
Can I change my contested divorce into an uncontested divorce?
You may stand your ground in believing that a divorce is in your and your spouse’s best interests. However, as tension simmers between you two, you may want to change your contested divorce proceedings into uncontested divorce proceedings. Well, this may be possible to execute, so long as you and your spouse can resolve all your disagreements surrounding your divorce-related issues, such as your child custody, child support, spousal support, and property division.
If successful, you and your spouse may draft and sign a formal settlement agreement via mediation, collaboration, or arbitration. Then, you may notify the New Jersey family court that your divorce case is now uncontested, submit your settlement agreement to them for review, and wait until they make a final decree. Again, from the beginning, both of you must agree to switch to uncontested divorce proceedings to make this all possible.
If you need legal representation fast, a competent Bergen County family law attorney is prepared to step up. The team at McNerney & McAuliffe looks forward to meeting you, working with you, and helping you.