How to save my marriage after the divorce has been filed?
Read on to learn more about what happens within the New Jersey Superior Court: Family Part system when one spouse files for divorce and whether the marriage can be salvaged after that fact.
Marriage is an ongoing commitment to growth. Throughout the trials and tribulations in life, spouses commit to weather the weather with their significant other. But a marriage isn’t simply a commitment to stay together for better or for worse. It is a legal agreement and legally binding contract that affects finances, assets, and everyone’s lives and livelihood in the family.
When one spouse decides to exit this legal contract, they file for divorce. Usually, there are specific grounds for this separation, and the partner follows through with the divorce. However, many spouses wonder, once one person files for divorce, is there a chance to save the marriage?
When one spouse files for divorce, an official court record is made; thus, the petition for divorce remains in the public record. Additionally, a docket number identifying the court filing is made and remains throughout the course of the case proceedings. The entry of a divorce filing into the official record and the issuance of a docket number sets the divorce into motion. Once the divorce is set into motion, the spouse who did not file for divorce does have a chance to oppose the filing for divorce, and the finalization of divorce is not inevitable. However, such opposition will take place in an official divorce court hearing.
One key consideration by the couple after one spouse files for divorce is the question: under what circumstances was the divorce filed with the court? Often, a couple navigating marital turbulence will have a conflict that instigates one partner filing for divorce. If a particular instance initiates the grounds for divorce and not a prolonged pattern or difference in life trajectory, an attempt at reconciliation or couples counseling could provide a grounded container for the couple to determine whether divorce or reconciliation is the most aligned route.
Reconciliation and its Enforceability
If a couple does decide to attempt reconciliation after the initial filing for divorce, they can file a legal document called a Reconciliation Agreement. A reconciliation agreement is a postnuptial or mid-nuptial agreement. It is developed to prevent a divorce or reroute the couple after one has filed for divorce after one partner has done something grounds for divorce or a partner has filed for divorce. To dismiss the divorce proceedings, one partner agrees to provide some asset or financial right to the divorcing/threatening partner in the case of divorce. This, then, provides an incentive to both parties to salvage the marriage. The partner who has filed for divorce agrees to remain in the marriage, and the other partner promises to forfeit some financial amount or asset should the marriage end.
Generally, such a detailed reconciliation agreement is considered sufficient by the Family Part court to dismiss the divorce filing. However, for the reconciliation agreement to stand under the legal purview in New Jersey, it must be straightforward and enforceable. So what is enforceable? The Superior Court judge will review the terms of the agreement to determine whether the agreement’s conditions reflect a fair interchange between parties, given the circumstances that provide grounds for divorce. Additionally, the judge will consider whether the circumstance or circumstances providing grounds for divorce are too great to render a reconciliation agreement a reasonable next step for the couple or whether the incident proved too extensive for a reconciliation agreement to be considered a fair and reasonable consideration, particularly for the party who filed for divorce.
To ensure that a New Jersey Superior Court judge deems your reconciliation agreement appropriate and legally binding, it is imperative to be specific about the steps to reconciliation, the financial or asset exchange that would happen, and detailed context surrounding the reason one party filed for divorce and the reasons that reconciliation is the most appropriate path forward for both parties. Provided sufficient information and a detailed account of the agreement’s terms, a New Jersey Superior Court judge will be more likely to grant the reconciliation agreement as legal, thereby dismissing the divorce filing.
Divorce Attorney Help You Transition the stages in your divorce process
At Bronzino Law Firm, our team of experienced divorce attorneys supports clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in ensuring that all legal proceedings involving divorce and reconciliation are carried out in an expedited and complete manner.