Does Minnesota Allow Couples To Cancel Their Divorce?
May 3, 2013 | Elizabeth A. SchadingIn Minnesota, once the court file has been opened, if neither you nor your spouse want to go through with the divorce, it is fairly easy to stop the divorce from proceeding up to the moment that the final divorce decree is signed. The initiator of the divorce can file to dismiss the petition, or both of you can file a joint petition for dismissal.
Once you’ve filed the dismissal the divorce is over with and you can get on with the work of repairing your marriage. You can do this up until the divorce decree is signed because you are still married in the eyes of the law until that happens.
You can’t do this after the divorce decree is signed, however. There’s no way to cancel the divorce as you’re no longer married under the law once this happens. At that point you’d need to get re-married.
Another option, assuming the court file is open, is to put your divorce on “hold” or “inactive status”. This is accomplished by filing a stipulation that both parties wish to put the matter on hold. The court will generally wait 12 months, and if no action has been taken, the court file will be closed. Any new action will require re-filing. During the 12 months, either or both parties may request re-activation of the file.
If you were served, but the court file has not been opened, then nothing needs to be done with the court. It would be prudent, however, to get something in writing from your spouse that states he/she is not proceeding with the divorce, and if they decide to re-initiate the proceeding, you will be given notice.
BGS has a qualified roster of highly experienced family law attorneys who stand ready to help you with your divorce. If you are facing a divorce, call us today for a consultation.