Can You Cancel a Divorce in Maryland? Find Out Now
Marital Property Disputes
Can you cancel a divorce if you’ve changed your mind? Learn how to proceed and what steps to take in Maryland. Consult our lawyers and act on a reversal today.
According to recent CDC data, Maryland’s divorce rate is approximately 2.6 divorces per 1000 people. But what happens if a couple changes their mind after filing for divorce?
Divorce can be an emotionally charged decision, and sometimes circumstances shift. If you find yourself reconsidering, you’re not alone. Many couples experience second thoughts after initiating their divorce process.
It could be due to reconciliation, financial concerns, or family matters. But can you cancel a divorce in Maryland once it has already been filed? Understanding your rights and acting quickly can make all the difference in halting the process.
Learn everything you need to know about canceling a divorce in Maryland and what steps to take.
Understanding Maryland Divorce Laws
Maryland recognizes two types of divorce – limited divorce and absolute divorce. Limited divorce is a legal separation where spouses remain married but live apart.
On the other hand, an absolute divorce permanently terminates a marriage. It can be granted on either no-fault or fault-based grounds.
A no-fault divorce happens when both spouses agree to separate or have lived apart for at least six months. A fault-based divorce may be granted for reasons such as:
- Adultery
- Cruelty
- Abandonment
If your divorce is fault-based, reversing the process could be more complicated. However, this does not mean it’s impossible. With mutual agreement and timely legal action, there may still be a way to stop the proceedings.
The Divorce Process in Maryland
Understanding the divorce process will help you explore your options if you decide to cancel or withdraw your petition. In Maryland, divorce follows a series of legal steps. The stage at which you attempt to stop the proceedings will determine how straightforward or complex the process will be.
Key steps in the divorce process are:
- Filing the divorce petition
- Serving the other spouse
- Response and negotiation
- Mediation or court hearings
- Final judgment
Can You Cancel a Divorce in Maryland?
Yes, it’s possible to stop divorce proceedings in Maryland. However, this will depend on where you are in the process. Here’s what you need to know:
Early Stage of Divorce
If you’ve filed for divorce and the court hasn’t yet processed your petition, you can withdraw the case. This is typically the easiest time to stop the divorce process. But once the court has accepted your filing and begun processing it, the situation becomes more complicated.
Voluntary Dismissal
If the divorce proceedings have already started, you can file a request for voluntary dismissal. This involves submitting a form to the court asking to dismiss the case.
Both spouses must agree for the court to grant the dismissal without a hearing. If one party objects, the court may require a hearing to determine whether the dismissal is in the best interest of all parties.
Challenges Near the End of the Process
If your divorce is nearing finalization or a settlement has already been signed, stopping it becomes much harder. It’s crucial you act quickly and seek legal advice to determine your options. An experienced divorce law attorney can assist you throughout the process, ensuring that all necessary legal steps are followed.
Divorce Process Reversal in Maryland
Understanding the right steps for a Maryland divorce reversal will make the process easier. Learn more about them.
Discuss With Your Spouse
The process becomes more straightforward if your partner agrees to stop the divorce. Mutual consent makes it easier to dismiss the case without complications.
File a Motion to Dismiss
The spouse who initiated the divorce (petitioner) must file a formal motion to dismiss the divorce petition with the court. The document informs the court that both parties no longer wish to proceed with the divorce.
Check Case Status
If the other spouse (respondent) has not yet responded to the divorce filing, dismissal is usually automatic. However, if a response has been filed, both parties may need to sign an agreement confirming their decision to withdraw the case.
Attend a Court Hearing (if required)
In some cases, the judge might mandate a hearing to ensure that both spouses voluntarily agree to dismiss the divorce. This step is more common in contested divorces or when significant legal proceedings have occurred.
Obtain a Court Order
Once the judge approves the dismissal request, the court will provide a ruling that formally terminates the case. At this point, the divorce process is legally stopped.
You and your partner will remain legally married. Any pending proceedings related to property or child custody will no longer move forward.
Notify Relevant Parties
If you have involved attorneys or mediators, inform them of the case dismissal. This will ensure that no further legal action or court dates proceed.
Options After a Divorce Is Finalized
If the court has already finalized your divorce, you might wonder if there’s any way to undo it. Unfortunately, reversing a completed divorce is extremely difficult. Unlike withdrawing a petition before finalization, a finalized divorce legally ends your marriage.
That makes reinstatement nearly impossible. However, in rare cases, you might have a few options, including:
Seeking an Annulment
The option legally voids your marriage, effectively erasing the divorce. However, annulments are only granted under specific circumstances, such as:
- Fraud or misrepresentation
- Coercion or duress
- Incapacity
After annulment, the law treats your marriage as if it never existed. As a result, you can remarry without any restrictions.
But you will have to go through the legal marriage process again. Consult with a family law attorney to determine if you qualify for an annulment.
Appealing a Divorce Judgment
If you believe there was a legal mistake in your divorce proceedings, you can file an appeal. The process is complex and time-sensitive, requiring proof of a significant legal error.
Some common grounds for appeal include:
- Judicial errors
- New evidence
- Procedural mistakes
However, appealing a divorce does not guarantee a reversal. Courts typically uphold a final judgment unless there is clear evidence of a legal mistake. That’s why stopping a divorce before the final verdict is often the best course of action.
Cancel Divorce Process Guide
Canceling a divorce is a significant decision that requires careful thought. Before proceeding, consider the following factors.
Emotional and Legal Considerations
Reversing a divorce means committing to rebuilding your relationship. Ask yourself whether you and your spouse genuinely want to reconcile or if external pressures are influencing your decision.
If your marriage has serious issues like infidelity or abuse, you might need to seek counseling before making a final choice. However, if both of you believe your relationship can be restored, you can take the necessary legal steps to halt the divorce process.
Financial and Property Division Implications
If you and your spouse have already divided assets as part of a divorce, canceling it could complicate matters. Consider whether you need to restructure shared finances, debts, and property ownership.
If one spouse has made financial commitments expecting the divorce to be finalized, reversing the process could lead to disputes. To fully understand the implications, consult a financial advisor or attorney before proceeding.
Ensuring Reconciliation Is a Well-Thought-Out Decision
Reuniting after filing for divorce should be a mutual decision driven by a genuine commitment to making the marriage work. Open communication and possibly professional mediation can help address unresolved issues. Take time to discuss future expectations and establish effective conflict resolution strategies.
Seeking Legal Help and Next Steps
If you’re considering canceling your divorce, consulting an experienced divorce attorney is crucial. They can help you:
- Understand your legal options
- Ensure proper paperwork
- Navigate financial and property concerns
- Mediate discussions with your spouse
By seeking legal guidance early, you can avoid unnecessary complications. A lawyer can help you identify the most suitable approach for your specific circumstances.
What to Do If Only One Spouse Wants to Cancel the Divorce
Sometimes, you may want to stop the divorce, but your spouse doesn’t agree. This can make the process more complicated. Here’s what to do:
Try Open Communication or Mediation
If you’re having second thoughts, the first step is to talk to your spouse. Honest communication might help you both reconsider the decision. If emotions are running high, working with a mediator can create a neutral space to discuss your concerns and explore options.
File a Motion to Dismiss (if possible)
If you are the one who filed for divorce, you can file a motion to dismiss. However, if your spouse has already responded or is determined to proceed, the court may not allow it without mutual consent. If your spouse insists on moving forward, the court will allow the divorce to proceed.
Take Control of Your Maryland Divorce Process
Can you cancel a divorce after filing? If you’re having second thoughts, you still have time to change the outcome. Maryland law allows you to cancel a divorce, but the window to act is limited.
Don’t navigate divorce, custody battles, or adoption alone. The Blattner Family Law Group is here to help. Led by Managing Attorney Julius Blattner, we provide strategic legal support across Maryland, ensuring a smooth and stress-free process.
Whether you need a QDRO, custody arrangement, or divorce resolution, we will craft a step-by-step plan tailored to your needs. Contact us today to take the first step toward clarity and peace of mind.