Can You Dismiss A Divorce If You’ve Changed Your Mind After Filing?

Reasons For A Dismissal For Want Of Prosecution

The court will issue a dismissal for want of prosecution to remove inactive cases from the court and clear out old inoperative cases. Idle cases, or if the court is under the impression that you have no urgency to proceed with your divorce, could result in a dismissal. Once dismissed, a spouse will need to refile a divorce petition and pay the filing fees again if they wish to get divorced.

Common situations that may cause a court to begin a dismissal for want of prosecution include:

• The petitioning spouse did not serve the other spouse with divorce papers.
• Missing divorce process deadlines and hearings.
• The petitioning spouse filed for divorce, and the other spouse has not responded to the petition. The petitioning spouse has then not followed up with the court to proceed with a default judgment hearing to finalize the divorce.

I want to dismiss my divorce, but my spouse doesn’t. What can I do?

Depending on the stage in which you are in your divorce, you may be able to dismiss the divorce proceedings without your spouse’s agreement, if they are yet to file a response to the petition. However, this is only applicable to the spouse who originally filed the petition. Irrespective, even if you are the petitioner and have your divorce dismissed, if your spouse wishes to go ahead with the divorce, they can file a separate divorce petition following the dismissal. In this situation, you are not able to dismiss a divorce without the signed permission of both spouses.

A divorce can be granted in the State of Texas if only one spouse wants to proceed. As such, unfortunately, it is rarely possible to dismiss a divorce unless both spouses are in agreement to remain married. If a divorce is dismissed initially, likely your spouse will file a petition themselves regardless.

What happens once my divorce is dismissed?

Once your divorce is dismissed by means of a Nonsuit or a dismissal for want of prosecution, you and your spouse will remain legally married under Texas family law. Texas law does not recognize legal separation. As such, this is not an option for couples in the state.

It is important to note that filing a Nonsuit does not pause divorce proceedings to allow a couple to attempt to reconcile. Once granted, a Nonsuit dismisses a divorce case from the court, and parties will need to re-file for divorce if they wish to commence the process again.

Provided that your divorce was dismissed ‘without prejudice’, you can refile a divorce petition if you change your mind and wish to go ahead with proceedings in the future. This will also mean that you are required to pay the filing fee again to commence a divorce again.

Skillern Firm Divorce & Child Custody Lawyers Divorce Attorneys

Doubts are normal during the divorce process. Skillern Firm Divorce & Child Custody Lawyers divorce attorneys will support you through this challenging time and help you to have the court dismiss your divorce if that is the route you choose to go down.

Similarly, if you change your mind again and wish to go ahead with your divorce, our expert legal counsel can make the process as stress-free as possible for you and ensure you receive a fair outcome in the divorce settlement.

Skillern Firm Divorce & Child Custody Lawyers’s divorce lawyers understand the unique circumstances of every divorce, and we are there to support our clients every step of the way with any legal services they require during this turbulent time. If you are represented by Skillern Firm Divorce & Child Custody Lawyers, we can help you to legally dismiss your divorce to allow you to remain married. Alternatively, we will advocate for your rights and fight to secure the best possible outcome for you if you proceed with the divorce.