How to Withdraw from Texas Divorce Proceedings

By Editorial Team

Updated July 21, 2017

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It's not uncommon for couples to rush into divorce proceedings while emotions are running high, only to regret it after they've cooled down. Once papers have been filed--the divorce petition, custody request, temporary orders for support or alimony--you may realize you've made a mistake. The process may feel like a speeding train you can't stop. But unless the marriage has been officially dissolved, divorce proceedings may be nullified and all petitions for custody and support will vanish.

Return to the county courthouse where you filed the divorce petition and ask a clerk for forms for divorce dismissal. Go to the National Center for State Courts website for a list of courts in Texas and how to contact them (see Resources).

File the divorce dismissal unilaterally--on your own--if you're requesting it without your spouse. If you filed the divorce petition and he has yet to answer it, this is all you need to do. If he has answered the petition, you need his consent to have the case dismissed.

Sign the forms with your spouse and deliver the divorce dismissal to the clerk of the court if your spouse has entered a legal response to your divorce petition. The dismissal takes effect as soon as the clerk files your paperwork. If you decide that you want to be divorced after all, you will have to start all over.

Tips

If you're having serious doubts about your divorce, it may be a sign that things are moving too quickly for you. Try a trial separation--you may be able to work things out after you've both calmed down.

Warnings

If your husband or wife has already responded to the divorce petition and a judgment of dissolution has been filed, it's too late to stop the divorce. You may remarry your partner, but you might want to take some time before making that choice.

References

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