Schedule Consultation (503) 649-6333
18255 SW Tualatin Valley Hwy Beaverton, OR 97006
Get Directions

Changing Your Mind During Divorce: Can It Be Reversed?

signing paperwork for a divorce

If you’ve filed a petition for divorce or dissolution of marriage and are having a change of heart, it’s not too late to stop it. Typically, the person who filed the petition can go to the county clerk’s office to obtain the paperwork needed to stop the divorce process.

However, if the other party has already answered your petition, then they’ll likely need to assign the form as well. Once the necessary paperwork has been filed, the proceeding will be dismissed and you will still be considered married in the eyes of the law.

On the other hand, if you want the stop the divorce process but the person does not, then there’s nothing that can be done. The Oregon court system can’t force someone to remain married. At best, you may be able to delay the proceedings but this is generally not a good idea

For those who are dealing with a spouse who’s using delay tactics to draw out the divorce, a family law attorney may be able to speed things up.

Can We Divide Retirement Accounts During Divorce?

While it is commonplace to split retirement accounts during divorce, it’s not as easy as dividing a bank or brokerage account. If you and your spouse are unable to come to an agreement on dividing assets, then the judge will likely do it for you, which may include a division of the retirement account(s) accumulated by one or both of you. The judge can easily order that the accounts be divided in some fashion, but the process of actually dividing them can be difficult. It often requires a family law attorney who’s knowledgeable or specializes in the process. Most retirement accounts are divided by a court order that is entered after the actual divorce is final. The orders are commonly referred to as Qualified Domestic Relations Orders or QDROs. All retirement plans and pensions have different rules and that is why an expert in the area should at least be consulted, but most of the time simply hired by your divorce lawyer to prepare the Order. It’s also important to note that just because the judge ordered the division doesn’t mean you can do whatever you want with the money. The judge will order a division, but not a withdrawal of the funds. You will need to talk to your lawyer specifically about what you can do with the funds and when. Otherwise, you may incur fees like an early 401(k) withdrawal tax or penalty.

Hobson Oram Law