How is the divorce procedure 1
Put divorce proceedings on hold - motion to stay the proceedings
Whether because of personal doubt in the divorce plan renewed attempt at reconciliation or the desire for something more time to think about it: There is always the possibility of the Suspension of the proceedings at the competent family court to apply. How you can take this step and whether you can Resume divorce proceedings at any time you can find out below.
The most important things in a nutshell: suspension of the divorce proceedings
- Anyone who is no longer sure during the separation phase whether the Divorce is actually the right decision can put the divorce proceedings on hold.
- If the divorce is to be carried out, it must no new divorce petitionbe asked.
- The divorce proceedings can a maximum of one year rest for a long time.
- Usually arise no special costs. However, if the divorce petition is withdrawn, costs may arise.
You can find detailed information on the suspension of the divorce proceedings below.
Let the divorce petition rest instead of finally withdrawing it
Put divorce proceedings on hold due to possible reconciliation
For how long can you request the stay of the proceedings?
From time to time during divorce proceedings, the spouses will become aware that the basis of the marriage has not yet been completely destroyed and at least a reconciliation is possible appears.
In order to prevent a divorce then, the parties involved can get one Request bring this to the competent family court, which Suspension of the proceedings causes. You must submit the application to a lawyer in court, as it is for applications in family law Compulsory lawyer consists.
If the application is then granted, that is Divorce proceedings, so to speak, on hold - the divorce process is interrupted. If the hope for a reconciliation turns out to be unrealistic and the last attempt at rescue fails finally, you can complete the procedure - also on request - let it record again.
All previous Briefs, applications and processes are then taken into account as usual. So you have to too no new divorce petition submit to the court. In this case, the court will set a new date for the divorce.
It would be different, for example, if you did Withdraw the application for divorce entirely. Here you would have to tackle all the hurdles you have taken so far again if the hoped-for marriage rescue does not occur - a new application for divorce must be made.
How can you put the divorce proceedings on hold?
In family law the possibility is on Suspension of the procedure in Section 136 of the FamFG (full title: Law on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction).
It provides that both the court and the spouses are allowed to stay the proceedings. However, there are also special ones Restrictionsso you go through the divorce proceedings don't let it rest forever can.
You can't let the divorce proceeding sit forever.
“The suspension can only be repeated once. She may a total of one year, in the case of a separation of more than three years, do not exceed the duration of six months. "(§ 136 Paragraph 3 FamFG)
So you cannot let the divorce rest beyond the specified period, but may have to Withdraw divorce petition or resume divorce proceedings to let. You must therefore be clear in half a year or a year at the latest whether the separation should be permanent or not.
Sees that dish even the possibility that the marriage has not yet finally failed can also - with the consent of the spouses - suspend the divorce proceedings on its own responsibility (Section 136 (1) FamFG). During this time it may be the assistance of a spouse Recommend marriage counseling (Section 136 (4) FamFG).
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