Most people who file for divorce in Georgia go through with the process until it is finalized. However, there are situations where a spouse or a couple might want to stop a divorce after the papers have been filed. Regardless of the situation, a Georgia family court judge can stop a divorce even after the paperwork has been filed if specific conditions are met. 

Why Would Someone Want To Stop a Divorce Action?

Each marriage is unique, as are the individuals involved in the relationship. Therefore, a person might change their mind about divorce proceedings for various reasons. The reasons why someone might want to stop a divorce proceeding include, but are not limited to:

  • A spouse changes their mind about going through with the divorce
  • The parties decide they want to work on their marriage
  • The spouses have entered marriage counseling and want to postpone court action
  • The parties cannot afford the financial consequences of a divorce
  • Parents decide to remain married for their children
  • The parties determine they need to remain married for health insurance reasons
  • A spouse has strong religious or social beliefs about divorce 
  • The grounds being claimed for the divorce could impact decisions related to property division, spousal support, or child custody 

Some of the reasons to stop a divorce are legitimate. However, a spouse might try to stop a divorce by being vindictive or controlling. Therefore, whether you can stop a divorce proceeding after the paperwork has been filed depends on several factors, including your role in the divorce case and the status of the proceedings. 

I Want To Stop the Divorce After I’ve Filed the Paperwork in Georgia 

If you filed for divorce and changed your mind, you should be able to stop the divorce proceedings by filing a motion to dismiss with the court. First, you would need to file for a Voluntary Dismissal and serve the document on your spouse. Then, unless your spouse filed a counterclaim, the court should dismiss the case based on your request.

However, if your spouse filed a counterclaim, the judge would not dismiss the case. You might want to stop the divorce proceeding, but your spouse might want to continue with their counterclaim. If your spouse consents to dismiss the counterclaim, the court will likely dismiss the entire proceeding.

Can My Spouse Stop a Divorce if They Want To Remain Married?

Sometimes it is the spouse who is being divorced that wants to stop a divorce after the paperwork is filed. If so, your spouse might contest the divorce. If you filed for divorce on specific grounds, your spouse might argue that you do not have evidence proving the allegations to support the grounds.

“Grounds” for a divorce are the legal reason the court should grant a divorce. States set the grounds for divorce. All states have no-fault grounds for divorce, although the requirements for obtaining a no-fault divorce differ. 

Georgia has 12 “fault” grounds for divorce and one “no-fault” ground for divorce. The grounds for divorce in Georgia are:

  • The marriage is irretrievably broken (no-fault divorce)
  • Adultery during the marriage
  • Habitual intoxication
  • Marriage between family members prohibited by degrees of kinship
  • Menace, fraud, duress, or force in obtaining the marriage
  • Cruel treatment
  • The wife is pregnant at the time of marriage by another man, and the husband is unaware 
  • Mental incapacity at the time the parties were married
  • Incurable mental illness
  • Conviction of a crime of moral turpitude resulting in two or more years in prison
  • Impotence at the time the parties were married
  • Desertion
  • Habitual drug addiction

A person might try to stop a divorce by claiming the petitioning spouse does not have evidence to prove the grounds for divorce. However, the spouse could amend the petition seeking a divorce on the grounds that the marriage is irretrievably broken. 

If so, the person could not stop the divorce as long as one spouse claims the marriage cannot be repaired. It only takes one spouse to make this claim to obtain a divorce in Georgia.

Ignoring the Divorce Papers Won’t Help Matters

Some spouses believe they can stop a divorce by refusing to sign the divorce papers. But, again, this tactic does not work. Instead, if you want to fight a divorce, hiring an experienced Lawrenceville divorce lawyer is best.

Ignoring a divorce proceeding could result in an unfair and tragic outcome. An attorney can help you fight for fair property division terms, reasonable custody and visitation, and support based on guidelines and case law. If you cannot stop a divorce after the paperwork is filed in Georgie, your alternative is to fight to protect yourself and your children. 

Contact the Divorce Lawyers at Crystal Wright Law To Get Legal Assistance Today

To learn more and get the help you deserve, call our divorce & family law firm at (404) 594-2143 or reach out to Crystal Wright Law online by visiting our contact us page.
You can also visit our law firm at 368 W Pike St STE 201, Lawrenceville, GA 30046.