People seek to end their marriages for a multitude of reasons, all of them essentially coming down to the couple’s inability to reconcile their differences - or so they think.
Still, it is not so uncommon that Texas divorce law firms have clients who get cold feet about their divorce and want to back out at the last minute.
The good news is that divorce attorneys can help them cancel or reverse their divorce under certain circumstances and timeframes.
The bad news is that clients who ask their divorce lawyers to stop the process too late might be out of luck.
Can A Texas Divorce Be Stopped or Reversed?
Yes, a Texas divorce can be stopped when clients working with a divorce law firm decide against it, as long as they meet certain conditions.
Primarily, for divorce attorneys to stop the process, spouses must notify their counsel as early in the process as possible and definitely before the divorce has been finalized by the court.
Additionally, both spouses must agree to end the process and must have valid grounds as to why they have chosen to stay married and have a plan worked out for moving forward.
Most couples that decide against divorce mid-process do so when the negotiations have helped them realize that there are ways they can reconcile their differences, so they decide to give their marriage another try.
Divorce lawyers see this happening most often with spouses involved in uncontested divorces who are also most likely to repair their marriage afterward.
What Is The Process of Reversing A Divorce?
There are three ways that a divorce can be either reversed or stopped in Texas.
- First, a spouse who has filed for divorce but has not yet received a response from their spouse can cancel the proceedings at any time by notifying the court.
- Second, papers are filed but then neither spouse nor their divorce attorney have responded to notices from the court confirming that the case is moving forward, a warning letter is then sent by the court and dismissal for want of prosecution is ordered, canceling the petition.
- Lastly, in cases where spouses have already filed and signed their petitions and are in the negotiation process with their divorce law firm, both spouses must sign a motion to dismiss.
If the motion is accepted by the judge based on the grounds submitted, the divorce will be canceled.
When Is It Too Late to Reverse A Divorce?
It is too late to reverse a divorce once the decree has been signed by the judge and 30 days or more have passed.
At that point, the marriage is considered dissolved and spouses wishing to remain together will have to remarry if they so desire.
Before those 30 days have passed and preferably before the judge signs the divorce decree, spouses and their divorce lawyers can request that the judge reverse their decision, file an appeal, or file a motion to vacate or modify the divorce decision.
While none of these solutions are guaranteed once proceedings have ended and/or the decree has been signed, spouses with suitable grounds to reverse the decision and a valid plan for reconciling their marriage may be successful.
A Divorce Attorney Can Assist with A Texas Divorce
Getting divorced for some can seem like the only way to end the problems they are experiencing within their marriage.
Yet many divorce attorneys can attest that sometimes all it takes is a few outsiders helping couples negotiate the end of their marriage for a couple to realize that there is still something worth saving in their marriage.
In these cases, clients of Texas divorce law firms can petition to stop their divorce in various ways so they can stay married.
Spouses thinking about divorce who may not be sure can discuss their options with an understanding divorce lawyer who can help them through the process, even if they change their minds partway through the divorce procedures!
Reynaldo Garza, III - Attorney at Law
680 East St. Charles St, Suite 600
Brownsville TX 78520
956-300-2260
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