Last Updated on September 28, 2023 by Turner Thornton
What if you file for divorce and then change your mind? Can you dismiss a divorce case in Texas? Absolutely, as long as both spouses agree and the divorce hasn’t been finalized.
From time to time, couples have a change of heart during divorce proceedings. In this article, we’re going to discuss how to undo a divorce case in Texas.
How can you dismiss a divorce case in Texas?
If you are the one who filed for divorce and your spouse has not yet filed a response, or counterpetition, then you alone can dismiss the suit. You are known as the petitioner and you can file a Notice of Nonsuit without Prejudice. Once the judge signs it, your divorce will be dismissed.
However, if you and your spouse have both filed paperwork with the court, then both parties must agree to dismiss a divorce case in Texas. Both spouses will have to sign the motion to dismiss the divorce case. Once the judge signs off on it, the divorce proceedings will cease.
What if only one spouse wants to dismiss a divorce case?
If one party wants to dismiss a divorce case and the other does not, then the case will not be dismissed. In Texas, a divorce can be granted even if one party doesn't want to go through with it.
What is dismissal for want of prosecution?
Sometimes couples file for divorce and then don’t pursue it. When there is no movement on a case, the judge will set the case for dismissal, rather than have it sit around on their docket. This is called Dismissal for Want of Prosecution (DWOP) and is actually more common than you might think. Both parties will be notified of the court’s intent for dismissal and given a chance to object. If neither party responds or appears for the dismissal hearing, the divorce case will be dismissed. This means the couple is still married.
What if I change my mind yet again and want to go through with the divorce after all?
If your divorce case is dismissed, you can file your case again - as long as it was dismissed without prejudice. It is not uncommon for couples to change their minds about divorce several times over during the course of a contentious marriage. Of course, if you refile a new petition, you will have to pay a lawyer and court fees again.
What does “dismissed without prejudice” mean in divorce proceedings?
If a case is “dismissed without prejudice” it simply means that the parties can refile the divorce case in the future. Likewise, if a case is dismissed “with prejudice,” you can’t refile it at a later date.
What is the 60-day waiting period to get divorced?
Couples seeking divorce must wait at least 60 days before their divorce can be finalized. The idea behind the waiting period is to make sure that both parties are sure about their decision to end their marriage. This time period gives them time to reconcile and withdraw divorce papers if they change their minds.
Questions about divorce? Contact us.
Divorce is emotional, stressful, and expensive. We highly recommend consulting with a skilled divorce attorney before making a final decision about the dissolution of your marriage. If you are looking for an experienced, reputable attorney to explain your options and guide you through this difficult time, you’ve come to the right place. The compassionate team at Varghese Summersett Family Law Group has helped hundreds of people in your shoes and we can help you, too. We truly want what’s best for you and your family. Call 817-900-3220 to schedule a consultation.