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Usually, people only come to see a divorce lawyer after they have either realized their marriage is over, or after their spouse has them served with a complaint for divorce. Generally speaking, they have spent many hours worrying about the decision and have consulted with family, friends, and possibly even counselors and clergy. Therefore, it’s rare for someone to change their mind once the divorce process starts, but it does happen. What happens when one spouse changes their mind?
If the divorce was an irreconcilable differences (ID) divorce, the safest course of action is to file a written notice of revocation of your consent. By law, there is a 60-day waiting period after filing for an ID divorce. It’s purpose was for exactly this function, to allow the spouses time to think about the divorce and if they want to go through with it. In Mississippi, both spouses must agree to an ID divorce, so if one spouse revokes their consent, the divorce is off. Some problems may come up, however, if you have already signed a property settlement agreement and you are not reconciling with your spouse. That’s going on now in a case, but that’s the subject for another post.
Additionally, if one spouse in an ID divorce revokes their consent, the other spouse can re-file for divorce on the basis of fault, if any exists.
If the divorce was filed on the basis of fault, and you’re the plaintiff, you can always dismiss your complaint.
If your spouse, though, has filed a counter-complaint for divorce (in other words, you’re both claiming fault-based grounds against each other), the fact you’re dismissing your complaint does not dismiss the counter-complaint. So, the divorce case can continue in that situation.
Just how rare is changing your mind after filing for divorce? I’d say I’ve seen it happen in fewer than 5% of the cases I’ve handled. It usually happens in ID divorces when one spouse thinks they’re not getting a good deal from the property separation agreement. You can look for more on how changing your mind affects that agreement soon.
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