Relationships are infinitely complicated. If you are thinking about ending your marriage, you know just how difficult the decision can be. As you research your options under Illinois divorce law, you may be curious about what happens if a person changes his or her mind about divorce. Can you stop a divorce proceeding once you have filed the divorce paperwork? What happens if you get divorced and you regret it?
You Cannot Undo a Divorce Once the Divorce is Finalized
If you filed a petition for Dissolution of Marriage but the divorce is not yet finalized, you may be able to stop or suspend the proceedings. Once a divorce is complete, there is no way to “undo” the divorce and go back to being married. Divorce terminates a marriage. The only option available to a divorce couple who wants to be married again is to remarry each other. Therefore, you really should be certain of your decision before getting divorced.
Alternatives to Divorce That Protect Your Rights
If you need some space to decide if divorce is right for you but also want to address divorce issues like property division and child custody, you may want to consider a legal separation. When a married couple gets legally separated, they create binding agreements regarding the same issues they would address in a divorce. However, they remain married. If the couple decides to get back together, they can file a motion to vacate the order of separation and resume living as a married couple. If they ultimately decide that divorce is the right step, the decisions they made during the legal separation process may help the divorce process proceed more smoothly.
A postnuptial agreement can also act as a legal safety net in situations where a couple may eventually get divorced. A postnuptial agreement is like a prenuptial agreement, but the spouses enter into the agreement while they are married. A “postnup” can protect both spouses’ property rights, address spousal maintenance, and much more.
Contact a Kane County Family Law Attorney
Getting divorced is a huge decision with profound consequences – both personally and legally. At MKFM Law, we help spouses explore all of their legal options so they can choose the course of action that is right for their unique situation. You do not have to figure everything out on your own. Reach out to our St. Charles divorce lawyers today to get the guidance and support you need. Call 630-665-7300 for a personalized, confidential consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5400000&SeqEnd=6200000