What About Reconciliation?

The purpose of divorce is to dissolve the legal relationship between a married couple. The dissolution of a legal relationship transforms, but does not end, the personal relationship between two people. Sometimes during the process of divorce, couples make an attempt to reconcile.

At our initial consultation, I often ask a client if there is any possibility of reconciliation. Divorce is the process of ending relationships that are over. If there is a chance for your relationship to succeed, there are methods that can help, including couples counseling.

By the time most clients come to my office, there is little to no chance of reconciliation, but each year, one or two couples give it a try. If you are thinking about giving your marriage another go during the divorce process, here are points to consider:

• Short of a judgment, any divorce process can be stopped. In some cases, a court may order mediation, or you may choose counseling if you believe there is a chance to save your marriage.

• Your divorce action cannot remain open indefinitely. If you reconcile with your partner, you can file a Notice to Nonsuit, which stops a divorce action and leads to dismissal of your claims without prejudice. This means that you remain able to file a new divorce action on your own behalf if your attempt at reconciliation fails.

• It is important to know that a notice of nonsuit leads to dismissal of temporary orders in your case, including those involving child custody, spousal support and other matters you may have fought hard to achieve. Be sure that your spouse’s offer of reconciliation is made in good faith and not as a means to extinguish gains you may have made in the case.

If you are interested in reconciliation during the divorce process, seek skilled legal advice.