You get into the worst [and in your mind, the final] argument with your spouse. You immediately contact a lawyer and ask that she file the Petition post haste and serve the spouse at the same rapid speed. You’re not thinking of the consequences and the natural changes that come with a dissolution of marriage. You’re seven months into the litigation and you miss your family. You and your spouse sit down with a clear head and discuss a possible reconciliation. What are your options at this point? Do you dismiss the case? Let it sit?
Florida has made it fairly easy for couples to put their divorce on hold or even stop them completely. In fact, it is usually as easy as filing one simple form.
Motion to Abate
If a couple decides they would like to work on their marriage, they can file a Motion to Abate, which places a hold on a divorce for 60 to 90 days, depending on the county. A couple can file a Motion to Abate to take some time and work on their marriage.
During that time, the couple can seek marriage counseling or make any other important decisions as to the future of the marriage. If the couple decides to move forward with divorce, they can file a Motion to Continue. If they decide to stay together, they would file a Notice of Voluntary Dismissal. This would effectively close the case.
However, should you decide to file a Notice of Voluntary Dismissal, please note you cannot reopen the case to continue the proceedings (should the reconciliation end in a dissolution yet again). You would have to file a new case and incur the new filing fee.
Whether you have yet to file for divorce or you are interested in placing an active divorce on hold, our dedicated legal team is here to help. Call today at 305-661-3908 to learn more.