What to Do If You’ve Changed Your Mind About Getting a Divorce

Hossein Berenji, May 06, 2019

What happens when you file for divorce and then change your mind? This is precisely what happened to Transformers actress Megan Fox. Fox married 90210 actor Brian Austin Green in June 2010. Five years later, she filed for divorce. Now, however, it appears as if she’s changed her mind. Fox recently filed a motion in a Los Angeles Court to dismiss the divorce case.

Couples learn a lot as they navigate a divorce. Sometimes, they learn that they really don’t want to split up, after all.

How do you stop divorce proceedings once they’ve begun? Do both spouses have to be on board? You’ll need to know the answer to these questions if you want to make amends with your spouse and stay together.

California’s Divorce Waiting Period

Lawmakers in California know that sometimes people make hasty decisions. When couples fight, it can seem like breaking up is the only logical thing to do. As a result, some divorce petitions are filed when emotions are running High. After the spouses have a chance to cool down, they realize that they really don’t want to end their relationship.

Fortunately, most couples come to this realization fairly quickly. This is great, because California will not acknowledge or sign off on a divorce until at least six months after it’s filed. Actually, the six-month waiting period begins when the non-filing spouse is served with the divorce papers.

Why does California impose a waiting period? Because it’s much easier to file a motion to dismiss a divorce rather than to go through the process of getting married again. Do waiting period can help to save couples a lot of time, money, and stress if they realize they want to get back together.

How to File a Motion to Dismiss Your Divorce

Stopping your divorce proceedings is pretty straightforward. You’ll just need to complete a Request for Dismissal (CIV-110), sign it, and file it with the court. You don’t even have to give a reason for why you want the divorce to be dismissed.

Does your spouse also need to sign the request? Maybe. It depends on how far along in the divorce process you’ve gotten. Your spouse only has to sign the request if they’ve been served with divorce papers and file the response with the court. If you haven’t served them or they simply haven’t responded, your signature is the only one that’s required.

What If I Want to Reconcile But My Spouse Doesnt?

Again, it depends on where you are in the process of getting divorced. If your spouse has filed a response with the court, the ball is kind of in their Court. If you want to reconcile and dismiss the divorce, they will have to be on board. The Court will require signatures from both of you. If your spouse refuses to sign the request, the divorce proceedings will move forward. You’ll have to either convince your spouse that you should get back together or work on resolving the terms of your divorce. This will require figuring out things like how property will be divided, who gets custody of the kids and when, and whether or not one of you will pay spousal or child support.

You’ll Have to Start From the Beginning If You Change Your Mind

Once your divorce case is dismissed, it’s over. If you ultimately decide that you do want to get a divorce, you will have to start the entire process from the very beginning. This includes all of the expenses that are associated with a divorce, including costly filing fees.