It is not uncommon for married couples to decide to get divorced when they are angry at each other, only to rethink it later and change their minds. While there is very little you can do about the potentially ugly scenes that preceded the move, Texas law allows you to reverse the decision even after all the papers have been signed. This article will try to explain how to stop divorce proceedings both before and after the papers have been signed.
Before filing of the paperwork
If you change your minds before filing a divorce petition with the court, you can stop the divorce through an informal agreement even if you have already hired Galveston divorce attorney Tad Nelson. You may be required to pay the attorney, but then again you will have avoided the petition filing fees.
After filing the paperwork
If the paperwork has been filed already, the court may compel you to resolve the case. That is not to say that you are needed to continue with the divorce just because you had shown intent; the lawyer of the spouse who filed the divorce petition can ask the court to either suspend the proceedings or dismiss the case altogether.
If the court honors the attorney’s request, the party that filed the petition will be prompted to cover the filing fees. Note that the filing fee is non-refundable. Many couples opt to have the proceedings suspended for several months to give them time to reconcile or reconsider their decision rather than have the case dismissed. This way, you will not have to pay the filing fees again in case you eventually don’t reconcile. The court picks from where you left once the suspension period is over.
If you are convinced the reconciliation will go as planned, you can go ahead and have the case dismissed entirely. That, of course, is if you are the one who filed the petition. The court won’t ask for any explanations whatsoever for your change of mind. Keep in mind, however, that you will have to start from scratch if you decide to divorce again in the future the moment your case is dismissed.
What if the case is near completion?
Leaving it late to change your mind about your divorce petition can be tricky. If your divorce settlement has already been received by the judge, your attorney must be quick to act to prevent the court from ruling on the settlement. There is, however, very little you can do as a couple if the judge has already approved the settlement and entered a divorce decree.
In some cases, the attorneys may be able to have the judge’s decision reversed if it is not yet 30 days since the decree was signed. The court will consider a number of factors before agreeing to rescind the decree. If the motion is not approved, you will be considered legally divorced and may have to remarry if you want to be recognized as husband and wife.