FAQ: Can We Cancel a Divorce Once It Starts?

 Posted on June 01, 2018 in Illinois Family Law

Divorce is complicated, and many Muslim couples who make the decision to file for divorce in DuPage County wonder if they have really come to the right conclusion. In some cases, divorce seems like the best solution to the marital problems a couple is experiencing, but later on, that couple might decide that it makes sense to try to make the marriage work. Or, other extenuating circumstances might arise that could lead you to want to cancel your divorce proceedings once they have started. Can you cancel a divorce once it starts? And is there a specific point in the divorce process at which the proceedings cannot be stopped?

The short answer is that you can cancel your divorce once you begin divorce proceedings. Yet you should always work with an experienced DuPage County divorce lawyer on your case because Illinois divorce law is extremely complicated, and there may be implications that you have not yet considered.

Your Divorce Petition, Fees, and Other Costs

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs most matters concerning divorce in Illinois. It requires that, in order to file for divorce, one of the parties files a petition for the dissolution of marriage. That party must state that irreconcilable differences have caused the irretrievable breakdown of the marriage. When a divorce is uncontested—meaning that the parties agree to every single aspect of the divorce—the dissolution process may go relatively quickly and could cost relatively little money comparatively. However, in most divorces, the parties will disagree over at least one issue, such as property division or parental responsibilities, which means that the timing of the divorce likely will be extended.

When you decided to cancel your divorce, both parties must be in agreement about doing so. Yet both parties should keep in mind that you will lose all of the time and money you already have spent on your divorce if it turns out you really do want to dissolve your marriage.

Waiting Time for a DuPage County Divorce After Your Stop the Proceedings

One of the other major issues to consider when canceling a divorce is the waiting time. The IMDMA only recognizes “no-fault” divorce, which means there are no longer grounds for divorce in Illinois. As such, as we noted above, a party seeking a divorce must show that irreconcilable differences have caused the irretrievable breakdown of the marriage. When a married couple has been living separate and apart for six months, the court presumes that this requirement has been met.

However, if you reconcile with your spouse and stop the divorce proceedings, you may need to live separate and apart for six months again before you are able to begin a new process to dissolve your marriage in the event that divorce really is the right choice for you.

Learn More from an Oakbrook Terrace Divorce Lawyer

Do you have questions about canceling your divorce or dealing with unexpected issues that arise during the dissolution of marriage? A dedicated DuPage County divorce lawyer can speak with you today about your case. Our attorneys regularly provide counsel to Muslim families throughout DuPage County, and an advocate at our firm can answer any questions you have. Contact Farooqi & Husain Law Office for more information.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59