A recent New Hampshire case brings up an interesting question for Floridians who are considering divorce. The New Hampshire Supreme Court refused to allow a couple to cancel a divorce that had already been finalized. The couple, who had been married for more than two decades, reconciled after the divorce process had been completed and wished to simply undo the divorce by filing paperwork. However, in New Hampshire, that is not an option.
Canceling a completed divorce is not an option under Florida law either. A divorce decree separates the couple’s property, ends their marital privileges and may include orders for spousal support and child custody. These decisions are legally binding and cannot simply be overturned by “canceling” the divorce.
What can you do if you decide partway through the divorce process that your marriage can be saved?
Florida law does allow a couple to stop the divorce process if it has not yet been finalized. The procedure for stopping a divorce case in Florida is relatively simple. A court can stop the divorce proceedings as soon as a “Notice of Voluntary Dismissal” is filed by the party who petitioned for divorce. If your spouse filed a counter-petition, he or she may also need to file a voluntary dismissal form. Copies of these forms must be provided to your spouse, all attorneys involved and the Clerk of Court in the court where your case was filed.
If your divorce has been finalized but you later reconcile with your former spouse, remarriage may be an option. Florida has no waiting period for remarriage after a divorce but may require both parties to take a marriage preparation course. Understanding how remarriage will change your divorce decree can be complicated. To learn more, speak with the knowledgeable Tampa-area divorce attorneys at the Law Offices of K. Dean Kantaras, P.A.