Anderson & Boback Logo

What if My Spouse And I Want to Get Back Together?

Published
Categorized as Divorce

Perhaps you or your spouse were trigger-happy after an ugly fight and one of you filed for divorce, and are now regretting it. Or perhaps you or your spouse were determined to get a divorce, but midway through the process you decided it was better to give it another try.

The reality of divorce can be pretty ugly. The parties may do a pros/cons of what they would be gaining/losing should they decide to stay married or get a divorce. Depending on the length of the marriage and the ages of the parties and the children, it may often make more economic sense to stay married.

If you are considering reconciling with your spouse, one recommendation would be that you obtain a post-nuptial agreement with your spouse. A post-nuptial agreement is essentially a pre-nuptial agreement, but after you are married. The incentive for signing is that the parties would stay married. In a post-nup, the parties could decide issues regarding maintenance and property so that if they end up divorcing several years later, they could have a better idea of what to expect when assets are divided.

The other advice we would give is that, instead of dismissing it right away, you allow us to put the case on the reconciliation calendar for 6 months to a year. In other words, the court is put on notice that you and your spouse are attempting to reconcile and want some time to figure it out before dismissing the entire case. That way, if reconciliation fails, you don’t have to spend money to re-file the case again.

In whatever scenario you choose, if you ultimately want to dismiss the case, you may have to pay your spouse’s costs that he or she may have incurred in filing his/her appearance. However, if you and your spouse are in agreement, you can decide to waive costs. Ultimately, reconciliation cases are happy endings for divorce lawyers and judges. We don’t see a lot of them, but we are optimistic that the reconciliation will be a success.

Was this information helpful?

You May Also Like

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

In Illinois, there are two main ways to go about changing your minor child’s name: by agreement, and by Court adjudication of the issue.  As with all things related to co-parenting a minor child, the easiest and least costly method…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870