Once one spouse files for divorce, it creates an official court record and a “docket number” for the case. This action essentially puts the divorce in forward motion. Even if the other spouse opposes the divorce, responses will be required and court hearing dates will be assigned. The divorce is “on.”
But this still doesn’t mean that divorce is inevitable.
If the spouse who filed did so in the heat of the moment (i.e., immediately following an argument or revelation of a spouse’s cheating), it may be worthwhile for the couple to explore — in a calmer setting –whether this decision is truly the right one, or if there is room to consider a reconciliation. If both spouses wish to process their feelings through therapy, they can work with a marriage and family therapist to help mend their relationship, or mutually agree in a more peaceful way that it is the right decision to move on.
In situations where couples do decide to give it one more try, there is a legal tool called a Reconciliation Agreement that can help to heal the marriage and provide peace of mind to both parties. By entering into a reconciliation agreement, the spouse considering divorce can agree to remain married in exchange for a promise by the other spouse to give up some kind of financial or property right.
When couples get back together after one spouse has filed for divorce, the spouse who filed for the divorce must file a “motion to dismiss” to remove the divorce from the court dockets and essentially “cancel out” any further proceedings. It is important to note that if the couple decides to get divorced down the road once, new divorce documents will need to be filed.
If you want to reconcile your marriage, but your spouse remains unwilling, it may be helpful for you to attend therapy on your own to get the emotional support you need to be clear-headed throughout the divorce legal process.
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