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If I File for Divorce in New Jersey, Do I Have to Go Through With it?

All couples go through rough patches, and some are harder to overcome than others. Ending a marriage is an incredibly difficult decision. You may change your mind a number of times when deciding what to do about your marriage. Filing for divorce can feel final, but it doesn’t have to be. If you have filed for divorce, but are now having second thoughts, you are not alone. This issue is more common than many people realize. As a result, New Jersey courts have certain agreements in place to help a couple work through this. Read on to learn more.

What is a Reconciliation Agreement?

If you file for divorce but decide to work on your marriage instead, you may need to create a reconciliation agreement. A reconciliation agreement is used by spouses to help provide peace of mind when working toward healing a marriage. By entering into this agreement, the spouse that filed for divorce agrees to stay married in exchange for the other spouse’s promise to give up a financial or property right. This helps ensure that both parties are working on the marriage for the right reasons. If the couple gets back together, the spouse who filed for divorce must file a “motion to dismiss” in order to remove the divorce from the court dockets. This essentially cancels any further proceedings. New Jersey Courts tend to favor reconciliation agreements as furthering the State of New Jersey’s interest in preserving marriage. As a result, New Jersey Courts tend to enforce reconciliation agreements as long as they are fair and equitable.

It is important to note that, in the event that the couple decides later on that they truly wish to get divorced, new divorce documents must be filed. The previously filed documents are no longer valid.

If you have any questions or concerns about divorce or reconciliation agreements, reach out to our firm today. We are here to advocate for you and walk you through the process every step of the way, regardless of what you decide.


If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.