Reconciling After a Divorce Filing

 
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Reconciling After a Divorce Filing
Written By: Josh Lowell ~ 9/9/2024

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Sometimes after a divorce is filed, couples reconsider and explore possible reconciliation. At Magnuson Lowell, P.S., we understand that relationships are nuanced, and circumstances can change. If you find yourself contemplating reconciliation after filing for divorce, you have several options. Each option comes with its own set of pros and cons.

1.  Continuing with the Divorce Slowly

If you and your spouse are considering reconciliation but aren’t entirely sure, you might choose to continue with the divorce proceedings at a slower pace. One way to do this is by seeking a trial continuance if needed. This gives both parties additional time to assess their feelings, work through issues, or explore counseling options without the immediate pressure of court dates.

Pros:

  • Time to Reflect: A continuance can provide the necessary space to reflect on the relationship and determine whether reconciliation is truly possible.

  • Flexibility: This approach keeps the divorce process active, meaning if reconciliation doesn’t work out, you don’t have to start over.

  • Encourages Open Dialogue: Slowing down the process can foster communication and allow both parties to address unresolved issues.

Cons:

  • Emotional Limbo: Dragging out the process can create uncertainty and emotional strain for both parties.

  • Legal Costs: Continuing the divorce, even at a slower pace, can lead to increased legal expenses.

  • Potential for Relapse: If issues aren’t fully resolved during this period, there’s a risk of re-entering the same cycles that led to the divorce filing.

2. Dismissing the Divorce Entirely

Another option is to dismiss the divorce entirely if both parties feel confident about reconciling. This approach allows the couple to start fresh without the looming pressure of an ongoing divorce process. If necessary, a new divorce can be filed later.

Pros:

  • Clean Slate: Dismissing the divorce allows you to begin anew, free from the legal implications and emotional weight of the divorce process.

  • Cost Savings: By dismissing the case, you avoid further legal fees and court costs.

  • Focus on Rebuilding: Without the stress of ongoing legal proceedings, couples can focus on rebuilding their relationship.

Cons:

  • Restarting Process: If reconciliation fails, you’ll need to refile for divorce, which means starting the legal process over from scratch.

  • Financial Implications: Depending on your situation, you might have to renegotiate financial matters that were previously addressed in the divorce proceedings. This also extends the date of separation, which has a substantial impact on financial distributions if a new divorce is needed.

  • Emotional Rollercoaster: Dismissing the divorce might lead to false hope or disappointment if the relationship issues resurface.

3. Transitioning to Legal Separation

If reconciliation seems possible but the couple wants to remain financially and legally separated, transitioning to a legal separation might be a viable option. This allows the couple to live apart, manage their finances independently, and establish a parenting plan if children are involved, without finalizing a divorce.

Pros:

  • Maintains Legal Boundaries: Legal separation allows couples to live apart while still remaining legally married, giving them time to work on the relationship without financial entanglements.

  • Flexible Arrangement: You can convert a legal separation into a divorce later if reconciliation fails, or dismiss it if the marriage is restored.

  • Parental Stability: A parenting plan established during legal separation can provide stability for children during a period of uncertainty.

Cons:

  • Legal Complexity: Legal separation involves many of the same legal steps as divorce, including property division and support arrangements, which can be complex and costly.

  • Emotional Ambiguity: This option can leave couples in an uncertain emotional state, as they are neither fully married nor fully divorced.

  • Potential for Prolonged Conflict: If unresolved issues continue, a legal separation might prolong conflict rather than resolve it.

Reconciling after a divorce filing is a deeply personal decision that requires careful consideration. Whether you choose to slow down the divorce process, dismiss the case, or transition to a legal separation, each option has its own benefits and challenges. At Magnuson Lowell, P.S., we’re here to help you navigate these difficult decisions and find the path that best suits your needs and circumstances. If you’re facing this situation, our experienced attorneys are ready to guide you through your options with compassion and expertise. Call today for a free telephone evaluation 425-800-0576


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