Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I filed but no longer want the divorce. Can I stop it even

Customer Question
I filed for divorce but...
I filed for divorce but no longer want the divorce. Can I stop it even if my husband wants it
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
5/29/2016
Family Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,845
Experience: Experienced Family Law Attorney
Verified

What state is this in regards ***** *****?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Illinois
Customer reply replied 1 year ago
We still share the same bed and have been intimate does that matter
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Irreconcilable differences means the spouses no longer get along. It is also known as a "no fault" divorce.
If you and your spouse have been separated for at least 6 months, the court assumes that irreconcilable differences exist and you do not have to prove that you can no longer get along.
You can still get divorced if you and your spouse have been separated for less than 6 months, but you may have to show the judge that you can no longer get along.
You do not need to describe any specific behavior your spouse did to prove irreconcilable differences. So if the intimacy is seen as a sign of reconciliation the court would generally require the waiting period to begin anew, unless for example it was an isolated incident.

The Illinois Code of Civil Procedure specifically grants to any plaintiff (the person who starts a lawsuit) the right to ask the court to voluntarily dismiss all or a part of his/her own petition or motion provided that no hearing or trial has begun. In almost all cases, a plaintiff's motion to dismiss his/her own complaint will be granted without further hearing. A plaintiff makes a motion to voluntarily dismiss his/her own petition by filing a motion and affidavit with the court and sending copies to the defendant (the person being sued )or his/her attorney.

If a trial or hearing has begun, the court can still grant the motion, but the law states that the plaintiff must get the defendant's approval or present a compelling reason/argument to the court. The farther a case has proceeded, the more compelling the reason must be.

In either situation, the plaintiff must pay the "costs" of the action. This could include filing costs, court costs, and even attorney's fees. The judge presiding over the case determines what the appropriate costs/fees are for a case, not your husband. Consequently, the judge may grant your motion to withdraw your divorce petition, but you may have to pay your husband's costs/fees.

Most (but not all) of the time, if the plaintiff (or his/her attorney) does not appear at the first scheduled hearing, the plaintiff's petition or motion will be dismissed. If a trial or hearing has already begun, however, the judge may not dismiss the case and may instead make a ruling on the plaintiff's motion. Even worse, if the defendant is present and he/she has filed an answer or raises a petition or motion of his own, the court could hear the defendant's motion or petition and make a ruling.

The problem, therefore, in not showing up is that you don't know what will happen - your case could be dismissed, it could proceed without you, or even worse, the other side could raise their own motion and you would not be present to defend yourself. One can prevent that by checking the court file after the hearing.

Thank you for using Just Answer.
I hope the information provided was useful.

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Should you have further questions please post here; otherwise kindly

--- Rate Positively---
so the site credits me for assisting you.

Thank you and take care!

Ask Your Own Family Law Question
Customer reply replied 1 year ago
I'm still confused, I can stop the divorce since we share the same bed and are intimate?
Customer reply replied 1 year ago
Also I have a copy of a paper he filed with his answer which says he ask the court to deny the relief requested in the petitioners petition for dissolution of marriage....does that mean he doesn't want the divorce
Family Lawyer: LegalGems, Lawyer replied 1 year ago

It depends on the ground, and the amount of intimacy.

For example, if the ground alleged is wrongdoing by one spouse (versus irreconciable differences) then it is generally irrelevant. If the ground was irreconciable differences, and the intimacy is ongoing, a party can object to that ground which can seriously delay the case - basically it would either restart the waiting period of 6 months, or would nullify the 2 year waiting period.

If the other party denied the entire petition and made a request for dismissal, then the petitioner can proceed with filing a motion to dismiss. 735 ILCS 5/2-610 and 735 ILCS 5/2-1009 allows for such a dismissal.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Ok, so I filed the petition to stop the divorce the judge may or may not grant it then. Should I inform the judge of our intamicy
Customer reply replied 1 year ago
I know that my husband filed an answer but I'm not sure he filed a counter claim is there a difference and would I have been notified of a counterclaim?
Family Lawyer: LegalGems, Lawyer replied 1 year ago

The judge would only be interested in that if the motion was denied; but if the answer also requested a dismissal of the entire action then there would be no opposition and the judge would typically grant it.

Yes, that is correct- a counterclaim prevents an automatic dismissal under 735 ILCS 5/2-1009 and the counterclaim would be served on the petitioner. All legal documents must be served on the other party.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
If I look at my court case online it says only an answer was filed... would somewhere on there say counterclaim?
Family Lawyer: LegalGems, Lawyer replied 1 year ago

If it was filed with the court, it would normally be indicated online.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
with no counterclaim showing online I should have a chance to stop this divorce? Since I petition the court? Does he have the right to fight it with out a counterclaim?
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Yes, that is correct; the filing party has the statutory right to request the dismissal if no hearing/trial has yet occurred. Typically this request is granted.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
We have met in front of the judge and did mediation for visiting rights with the kids does that matter?
Customer reply replied 1 year ago
for the kids
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Yes, that would count as a hearing if the judge was present; in such cases the court requires both parties consent to dismiss; or a compelling reason/argument to the court. So the judge would review the facts of the case and decide accordingly (and the intimacy factor would also be considered).

Ask Your Own Family Law Question
Customer reply replied 1 year ago
If my husband decide to continue with the divorce the judge would likely deny my request to stop the divorce.
Customer reply replied 1 year ago
Even though there is no counterclaim filed?
Family Lawyer: LegalGems, Lawyer replied 1 year ago

The judge would look to the particular facts of the case-

the petitioning party has a right to request a dismissal - Until a hearing; then the parties must agree, or the court will look to the facts and decide the proper steps to take.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

The counterclaim completely prevents a dismissal unless the counterclaim is withdrawn or the parties agree.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Ok... So there is hope . I just know that if we continue with the divorce we will both regret it. I feel that we need some time. Is there anything I could say to the judge to stat my thought? Or do I just file and say nothing or do write a letter to the court explaining why I would like to withdraw my divorce
Customer reply replied 1 year ago
Any advice would be helpful
Family Lawyer: LegalGems, Lawyer replied 1 year ago

It is completely acceptable to attach an affidavit setting forth one's reasoning;

another option is mediation- many times that helps reconcile a couple.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Checking in to see how the above worked out;

Thank you for using JA.

Thanks and take care.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Your answer was wrong...I was able to petition the court to stop the divorce
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Yes, that is correct; if the party petitions the court and the judge grants it -

per the above:

The judge would look to the particular facts of the case-

the petitioning party has a right to request a dismissal - Until a hearing; then the parties must agree, or the court will look to the facts and decide the proper steps to take.

29 May 2016, 11:33 AM

Me

The counterclaim completely prevents a dismissal unless the counterclaim is withdrawn or the parties agree.

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,845
10,845 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Mediated my impending divorce 11/1. On 11/6 informed by my
Mediated my impending divorce 11/1. On 11/6 informed by my son stephen that i have been repudiated by my second son matthew because, I BOUNCED his birthday check on 9/16/17. FED up with takig high roa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
My wife and I are getting a divorce. The mediator claims
My wife and I are getting a divorce. The mediator claims that it's best that our daughter (17 months old) stay with mom most of the time once we live separately. Wife and I had already reached an agre… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
You speak spanis.. I have divorce mediation on tuesday and
i have divorce mediation on tuesday and my son mother is trying to givme head ache saiing the going to put child support and i have proove that i supoort my son i gave her 80 dolars every week and she want 100 and that i have to bye anything apart… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I received a petition for dissolution of marriage, Waiver of
I received a petition for dissolution of marriage, Waiver of Service and Entry of appearance, Statement of Income and Expenses, Statement of Property and vital statistics form papers to sign yesterday… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Was originally serviced dissolution of Marriage 05/25/2017
was originally serviced dissolution of Marriage 05/25/2017 my husband filed declaration service of preliminary dec of disclosure on 06/06/2017....MY HUBAND FILED service of prelim & final dec of discl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am headed in to mediation next week for divorce. So far my
Good afternoon,I am headed in to mediation next week for divorce. So far my husband is 3 months (as of 15 October) behind in child support. I was the breadwinner 6 out of the 7 years we were married s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Divorce case was DWOP, for mediation, my husband's attorney
Divorce case was DWOP, for mediation, my husband's attorney filed for reinstatement. I don't want to reopen in the same court... There have been multiple violations, both constitutional and conduct. I… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,194 satisfied customers
Getting a CA divorce and agreed to mediation. Will the
Getting a CA divorce and agreed to mediation. Will the mediator need a budget from me to determine spousal support? How does that work? I know about the standard alimony calculator, but not much else.… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Can a divorce settlement that has been mediated be redone
can a divorce settlement that has been mediated be redone and one of the party's wasn't there the lawyer did it … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
I filed for dissolution of marriage 05/02/2013. It's been
I filed for dissolution of marriage 05/02/2013. It's been filed in county of riverside. The summary was not turned in until 08/09/2017. I'm trying to see when will it be signed and can I get married o… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Second opinion] During a divorce mediation meeting in
Second opinion] During a divorce mediation meeting in Georgia the equalization of assets came to me owing my spouse $168,846.80 for his share of the house, debts and assets. Since I am keeping the hou… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
Second opinion] yep I filed a Dissolution of Marriage filing
Second opinion] hi-yep I filed a Dissolution of Marriage filing on 03/09/2017 here in Alachua County and Im still waiting for a court hearing because I thought that's what I needed to wait for but I j… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I was just served a summons for dissolution of marriage, and
I was just served a summons for dissolution of marriage, and I don't have a lawyer it says I have to respond in 30 days? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to incorporate grounds of dissolution of marriage. I
I want to incorporate grounds of dissolution of marriage. I have been estranged from husband since 1994, he contacted me in 2014. But I recently found out that he is married to another woman in Las Ve… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
My wife applied for a dissolution of marriage petition. It's
My wife applied for a dissolution of marriage petition. It's suppose to be an amicable divorce, I agreed to all of the terms. What do I have to do now? I was served with the papers and I have to respo… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Tina, my wife applied for a dissolution of marriage
Tina, my wife applied for a dissolution of marriage petition. I don't know how to respond to the petition and if don't have the money for an attorney … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
I received copies of my dissolution of marriage. There is an
I received copies of my dissolution of marriage. There is an Addendum attached that states "Spousal Maintenance/Support (Petitioner Voluntary Alimony) which then has the financial information. My ques… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
My wife is pushing me to sign a dissolution of marriage.
My wife is pushing me to sign a dissolution of marriage. There are no children and no financial disagreements. My concern is that if I sign the paperwork, can she not allow me to collect my personal p… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x