Can I Stop a Divorce After Filing in Texas?

 Posted on September 22, 2026 in Divorce

When you’re feeling backed into a corner in your relationship, divorce may seem like the only viable way out. If you file for divorce and then change your mind, you can often stop the case, especially in the early stages of the case.

A Bexar County, TX divorce lawyer can review what you’ve done to this point and tell you whether stopping your divorce is an option in 2026.

Can You Withdraw a Texas Divorce Petition You Already Filed?

Texas calls withdrawing a divorce petition a "nonsuit." Per Texas Rules of Civil Procedure Rule 162, the spouse who filed can dismiss the case at almost any point as long as they do it before they have presented all their evidence. If the other spouse has not filed a counterpetition, the nonsuit can end the divorce case without a trial.

A nonsuit does not need the judge’s approval to take effect. It generally takes effect when the notice is filed with the court. The person who dismisses the case can still be responsible for court costs. Any temporary orders already in place, like temporary support, might need a separate motion to remove.

What Happens If Your Spouse Already Filed a Counterpetition During Your Texas Divorce?

If your spouse has filed a counterpetition, withdrawing your original petition does not end the whole case. Your spouse’s counterpetition can keep the divorce case going unless that claim is also dismissed. If your spouse wants the divorce when you’ve decided that you don’t, you may need to negotiate an agreement. Otherwise, the case could still end up in front of a judge.

Does Texas Require a Waiting Period Before a Divorce Is Finalized?

Texas generally makes couples wait before a divorce is finalized. Under Texas Family Code Section 6.702, a court can’t grant the divorce until at least 60 days after the petition was filed. Limited exceptions apply in cases involving family violence.

The 60-day window can give couples time to reconsider finalizing a divorce. During that time, some couples try to reconcile or use mediation to reach an agreement.

Can You and Your Spouse Reconcile After Filing for Divorce in Texas?

Reconciling during a pending divorce doesn’t automatically end the case. The petition stays active in the court’s system unless someone formally dismisses it.

If you and your spouse decide to stay married, the divorce case still needs to be formally dismissed. If your spouse filed a counterpetition, that claim must also be dismissed for the whole case to end. If the case stays open and one spouse continues pursuing the divorce, the court can still grant it.

What If You Want to End Your Divorce Case When it’s Close to Trial?

The later your case has progressed, the more complicated the options become. Having a trial date coming up does not automatically mean it is too late to file a nonsuit. In most cases, the spouse who filed for divorce can still dismiss their request until they have finished presenting their evidence. If the other spouse filed a counterpetition or another claim, that part of the case can still continue.

At that stage, stopping the case usually means asking the court directly, through a motion. If your spouse objects, a judge may need to decide whether the case moves forward.

Steps to formally stop a Texas divorce case typically include:

• Confirming whether a counterpetition has been filed

• Filing a notice of nonsuit or a joint motion to dismiss

• Paying any outstanding court costs

• Keeping a copy of the filed nonsuit and any dismissal order for your records

Talking to a lawyer before a hearing or trial date can help you understand which option still fits your timeline.

Call a San Antonio, TX Family Lawyer Today

Whether you can stop a divorce depends on how far the case has gone and whether your spouse filed their own claims. A lawyer can review the case and explain what steps are still available. It also depends on whether your spouse agrees to it. These things make getting good legal counsel for your specific situation important to keep you from wasting time, effort, and money by going down the wrong track.

Our firm focuses exclusively on family law. Our team has training in dispute resolution. We work toward an agreement when possible, but we are also prepared to go to court when needed. Our Bexar County, TX divorce attorneys can review your case and explain your next best steps.

Call Brandon Wong & Associates at 210-201-3832 today.