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If You File For Divorce, Can You Stop It?

If You File For Divorce Can You Stop It?

Whether it seems out of the blue or you have been sensing, it is scary to know that your partner needs a divorce. Approximately 42% of marriages end in divorce. Divorce holds a lot of depression and trauma behind it. Divorces usually happen when the two partners cannot come up with each others expectation

There are many other reasons for a divorce. Sometimes you ask for a divorce out of the pain and depression you have been going through in the married life. Sometimes you ask for a divorce out of mere reflexes, and you don’t mean it. In that case we will discuss if you can stop the process of divorce or not?

Please Check: My Wife Is Cheating On Me And Wants A Divorce

If you file for divorce can you stop it? 

According to the laws, an individual has the right to ask for divorce without any permission from anyone. If you have decided to stop the process of divorce then you can opt for legal ways. Yes! You have heard it right. If you change your mind after being motivated to restore the marriage, you can do it legally. One of the easiest ways is to withdraw the petition (case filed) for divorce. This can only be done by the spouse who originally filed the petition. 

Can you change your mind after you file for divorce? 

Yes indeed! You can change your mind of asking for divorce at any point. There are many reasons a person files for a divorce petition. Majorly the cases filed are due to the severe reflexes of aggression. As the time passes the spouse starts feeling that their decision was emotional and it is not right. At that point they are not sure what to do as they are not sure if it’s okay to change their mind at this point. 

Yes, it is legally right! You can change your mind if you think that’s the best for you. Marriages are the bonds that make you strong. They are hard to maintain and easy to break. Before you ask for a divorce, you must think twice of your decision. You can change your decision even if the divorce case has been filed. 

Please Check: How to stop a divorce after filing?

Can you stop a divorce once its been filed?

There are several stages at which a person can change his mind of having a divorce. You can easily stop a divorce at any time. 

In early stages when the petition is filed but not served, the petitioner can stop the procedure of divorce by deciding not to take it further. After you file your petition (case) the state serves it to your spouse. If you do not want to continue the process of divorce, you can simply dismiss your case by not proceeding to that petition served.

When both of the spouses agree on not having a divorce, they just need to do nothing and the court will dismiss their case after a certain time. This is the easiest way to stop the process of divorce in the early stages. 

If the files have been submitted and now you are on the later stage of divorce, you can still stop the process of divorce. In this stage you have to obtain a proper form with required documents for the dismissal of case and provide it to the court.

After that, the court will return all of your assistance documents of the case. Then you can provide the divorce dismissal document to your spouse on court orders. 

Please Check: Does legal aid help with divorce?

How do you stop a divorce that has been filed? 

There are certain legal requirements to stop the process of divorce after filing a petition. These requirements may vary from place to place. 

To withdraw the divorce petition, you have to personally withdraw the case and court will require your consent and reason for doing so. You have to tell the court that you do not wish to proceed further in the case by following these steps: 

  1. Fill out the withdrawal form:
    You have to obtain a withdrawal form from the clerk where you originally provided supporting documents of your petition. He will give you the relevant withdrawal forms to fill. 
  2. Complete the documents:
    Usually, a withdrawal document is provided by the clerk on your demand. You have to fill the document which mostly requires you to state that you are voluntarily withdrawing the case. After that, you have to write the purpose of withdrawal on the document. 
  3. File the withdrawal document in court:
    After the completion of withdrawal documents, you have to file them in court. Upon which you will be provided back with your records and serve it to your spouse for the withdrawal of the divorce petition. 
  4. Copy of Dismissal:
    Some courts would require you to provide the copy of dismissal to your spouse or they may mail it to them.

You can change your decision of divorce at any time after filing the case. If you are having second thoughts of not asking for a divorce, then you can come to an agreement by talking with your spouse and withdraw your divorce petition according to the steps discussed above. 

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When is it too late to stop a divorce? 

There are certain steps of divorce which you must know. We will be discussing to what extent can we withdraw the divorce petition and when is it too late to withdraw the petition as follows: 

It’s not too late when:

  • Document is not signed yet.
    You can do nothing and not proceed to filing the document and your case will be withdrawn. 
  • Document is not filed yet.
    Even if you have signed the documents and you want to withdraw the divorce case, you can just not file it in court and your case will be terminated. 
  • Documents are filed but case number is not issued.
    You can talk to your legal advisor for withdrawing the case after it’s filed. He will ask for some fee and withdraw your case pulling out your supporting documents. 
  • Signed divorce decree has been sent to your spouse but less than 30 days have passed since the judge signed the decree.
    You can still ask for withdrawing the case even if the judge has signed the decree. You can withdraw it within the 30 days. You will be charged a certain amount of fee by your legal advisor for that process. 

It’s too late when: 

  • More than 30 days have passed since the judge signed the decree.
    It is too late to withdraw the case when the judge has signed it and more than 30 days have passed. Nothing can be done after it. You and your ex can come to an agreement and remarry each other to continue a married life again. 

How long can a divorce be put on hold? 

Different states have different rules to hold the divorce petition. Usually, you can put a hold of your divorce petition by filing a motion to abate. After that, the case can be put on hold for 60 to 90 days which will provide you the time to think and reconsider your decision. 

Please Check: Can you cancel divorce once initiated?

Can a respondent stop a divorce? 

Respondent in the case of divorce is the person against whom the divorce is filed. The respondent has no authority to stop the process of divorce. This can only be done by the spouse who originally filed the divorce petition. 

Can you stop a divorce after filing in Texas? 

Absolutely! You can stop a divorce process in Texas. If you’re the only one who filed the divorce petition, then you can withdraw it using the steps discussed above. If both parties filed the divorce petition, then both of them have to withdraw it. If one of them does not withdraw the case, the case will continue to proceed. 

Once divorce papers are signed, can they be changed? 

You can always reconsider your decision as long as the divorce petition has not been finalized. If the papers have been signed by the judge, it then depends on your attorney to provide strong arguments in front of the judge, explaining that you changed your mind due to several sensitive reasons. Mostly these requests are denied by the court. 

There is usually a limited time in which the attorney has to present any changes in the case. You have to inform your attorney immediately so that he can make changes on your behalf. 

Takeaway

Divorce is something you don’t wish to have. Everyone wants a happy married life. Sometimes we make decisions that we regret afterward. If you have signed for the divorce with your spouse and you feel bad about your decision, then simply take it back. It is very easy to take back the decision of divorce in the early stages of filing the case. 

It can be challenging once a judge signs your divorce petition and a certain time has passed after it. But it is not impossible to change that either. In that case, you have to ask your lawyer to present a strong argument in front of the judge. 

In the end, we would suggest you stay happy and calm in these situations. Try to stay calm and solve the matter by discussion. Things will be a lot easier! Hopefully, “If You File For Divorce Can You Stop It?” was helpful. 

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