Is it Possible to “Call-Off” a Divorce in Texas?

Are you going through the divorce process in Texas? If you and your spouse are having some second thoughts about whether it is the right time to end the relationship, you are not alone. Studies have found that as many as 20 percent of couples who start the divorce process will either abandon it before the divorce is finalized or eventually get back together after the divorce is finalized. In this article, our Houston divorce attorney provides an overview of your options if you change your mind about a divorce in Texas.

Option #1: Divorce Proceeds Started, Not Ruling (Withdraw Case) 

If nothing has actually been officially filed yet in your divorce case, then there is no formal action to take. You and your spouse can “call-off” the divorce by deciding not to move forward with the process. However, if a divorce has been filed but no final ruling has been made, either spouse can move to withdraw the case. The document is called a Notice of Nonsuit Without Prejudice. If both spouses agree to stop the process, the petitioner can file a motion for voluntary dismissal with the court. If the other spouse has already responded, they may need to sign off on the request. Once granted, the case can be dismissed. The couple remains legally married. However, if only one spouse wants to halt the proceedings and the other does not, the divorce will continue. Remember, Texas is a no-fault divorce case.

 Option #2: Divorce Granted, 60-Day Cooling Part (Cancel Divorce) 

Under Texas law (Family Code § 6.702), there is a 60-day waiting period for a divorce to be officially finalized. In other words, once a case is resolved by the court—meaning a divorce settlement is reached or a trial verdict is entered—the couple still generally needs to wait an additional 60 days for their divorce to be recognized by the state. This is sometimes referred to as the “cooling-off” period. If the spouses reconcile during this time, they can file a motion to dismiss before the judge signs the final order. To be clear, this must be done by mutual agreement. Both parties must agree.

 Option #3: Divorce Already Finalized (Remarriage) 

Once a Texas divorce is finalized, the only way to “undo” it is to remarry. Texas law does impose a 31-day waiting period after a divorce is granted before either ex-spouse can remarry unless waived by the court. If both people wish to reconcile and legally reunite, they must go through the normal marriage process. Among other things, that means obtaining a new marriage license.

 Contact Our Houston Divorce Attorney for Immediate Help

At Lindamood & Robinson, P.C., our Houston divorce lawyer has the knowledge, skills, and experience that clients can trust when they need help the most. If you have any specific questions about family and divorce, please do not hesitate to contact us today. From our Houston office, we provide solutions-focused divorce legal services throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.504