Can My Spouse and I Cancel Our Divorce After Filing in Cook County?

 Posted on October 18, 2022 in Divorce

All married couples have disagreements. Most marriages involve a series of high and low points, but there may be a point at which one or both spouses feel that the marriage is no longer healthy or manageable. When you have reached a point where you feel that your marriage has reached insurmountable odds, filing for divorce is generally a quite reasonable and practical step to take. However, it does happen that some spouses will face significant challenges, file for divorce, and then reconcile and remain married.

You should know that in Illinois, divorce cases can be paused or withdrawn with relative ease should you and your spouse agree that divorce is no longer in your best interests. It is also true that some individuals will file for divorce while still uncertain about whether they should stay in the marriage, and then determine that following through with terminating the marriage is the best option - this is common in spousal abuse cases when the victim files. Whether you finalize your divorce or stay married, strong legal representation is key to protecting your interests. 

What You Should Know About the Reconciliation Calendar

When you initiate divorce proceedings, your case is added to the court's calendar. In Cook County, the court maintains what is called the “reconciliation calendar.” The reconciliation calendar is effectively a list of divorce cases that have been paused by the parties. To have your case added to the reconciliation calendar, you and your spouse must mutually request for your divorce to be placed on hold. 

You must also file a reconciliation plan stating what you plan to do in order to facilitate reconciliation. It is prudent to seek marriage counseling. Counseling can help you and your spouse determine whether your marriage is salvageable. Many individuals also choose to pursue individual counseling, substance abuse treatment, sex addiction treatment, or other mental health services that could help to resolve issues within the marriage. Your case can remain on the reconciliation calendar for no more than one year, although you can request to be removed from it sooner. 

Should you choose to remain married, it is relatively easy to cancel a divorce in process. Should you choose to proceed with the divorce, either you or your spouse could request that your case be removed from the reconciliation calendar and returned to the active calendar. You can then essentially return to the point where you paused. 

Contact a Cook County Divorce Lawyer

Hensley Sendek Law represents individuals who are seeking a divorce. If you and your spouse choose to pause or cancel your divorce, our skilled West Chicago divorce attorneys can address the legal side of reconciliation so that you can focus on your marital concerns. Call 630-358-9029 for a free consultation. 

Source:

https://www.cookcountycourt.org/Manage/Rules-of-the-Court/Read-Rule/ArticleId/38/13-2-General-Organization-of-the-Domestic-Relations-Division