You can stop a divorce after filing in Texas by filing a nonsuit, a one-page notice that withdraws the case before a judge rules on it. The right belongs to the spouse who filed the petition, and Texas law gives you room to use it: no divorce can be finalized until at least 60 days after the petition was filed.1State of Texas. Texas Family Code 6.702 – Waiting Period That waiting period is the practical reason most petitioners who change their minds still have time to act.
The Petitioner’s Right to Take a Nonsuit
Texas Rule of Civil Procedure 162 lets the person who filed the petition dismiss their own case at any time before they finish putting on their evidence at trial, apart from rebuttal.2Texas Courts. Texas Rules of Civil Procedure January 1 2026 – Rule 162 This is called taking a nonsuit. It ends the case without any ruling on the merits, so your marital status stays exactly where it was before you filed.
The right is the petitioner’s alone. A respondent — the spouse who was served — cannot nonsuit the petitioner’s claims. But the petitioner also does not need the respondent’s agreement, provided the respondent has not filed their own claim for relief. More on that complication below.
How to File the Notice of Nonsuit
You file a document called a Notice of Nonsuit without Prejudice with the district clerk’s office where the divorce was filed. The form is available through the clerk or on Texas court websites and asks for the cause number, the court information, and both spouses’ full legal names as they appear on the original petition.3Texas Law Help. Notice of Nonsuit without Prejudice – Family Case Most Texas counties use electronic filing, though paper filing is still accepted.
After filing, you must serve a copy on your spouse or their attorney. Rule 162 requires notice to any party who has answered or been served.2Texas Courts. Texas Rules of Civil Procedure January 1 2026 – Rule 162
Filing the notice does not close the case on its own. A judge still needs to sign an Order of Dismissal (sometimes called an Order Granting Nonsuit) to take the case off the court’s docket.4TexasLawHelp.org. How to Nonsuit or Dismiss a Case You Filed You prepare the order with the signature line blank and submit it along with the notice. Once the judge signs, file the signed order with the clerk and keep a stamped copy. That document is your proof that nothing changed about your marital status.
When Your Spouse Has Filed a Counter-Petition
Your ability to stop the divorce on your own ends once your spouse files a counter-petition or any claim seeking affirmative relief, such as property division, spousal support, or custody. Texas Rule of Civil Procedure 96 prevents a petitioner from discontinuing a case in a way that would cut off the respondent’s right to be heard on their own claims.5Legal Information Institute (LII) / Cornell Law School. Nonsuit
If you file a nonsuit at that point, only your claims come out of the case. Your spouse’s counter-petition stays alive, and the divorce keeps moving on the strength of their claims.2Texas Courts. Texas Rules of Civil Procedure January 1 2026 – Rule 162 You would still have to respond to discovery, show up for hearings, and participate in mediation on their claims.
The way out is an agreement. When both spouses want the case to end, they file an Agreed Motion to Dismiss. Both sign the motion, both give up their claims, and the judge signs an order dismissing the whole case without prejudice.4TexasLawHelp.org. How to Nonsuit or Dismiss a Case You Filed This is the clean path when both spouses have claims on file and both want to reconcile.
What Happens to Temporary Orders
Many divorce cases include temporary orders entered early on: temporary restraining orders, temporary custody arrangements, or temporary spousal support. When the underlying case is dismissed, those orders generally lose their legal force. The case that created them is gone, so the orders have nothing to stand on.
Think this through before you file. If a temporary order is currently protecting you or paying your bills, dismissing the divorce will likely erase it. A temporary restraining order shielding you from a dangerous situation would need to be replaced by a separate protective order outside the divorce case before you nonsuit.
You Can Refile Later
A nonsuit is a dismissal without prejudice, which means the case was not decided on its merits and you can file for divorce again later.6Texas Law Help. I Want to Dismiss (Nonsuit) a Case I Filed Texas does not set a waiting period for refiling a family law case.
The original filing fee is not refundable, and a new case brings a new filing fee. Nothing from the old case carries over — not discovery, not temporary orders, not any agreements in principle. A new petition starts from zero.
If the Judge Has Already Signed the Final Decree
Once a final decree is signed, a nonsuit is no longer available. But the decree is not immediately beyond reach either. Under Texas Rule of Civil Procedure 329b, the trial court keeps “plenary power” — the authority to vacate, modify, or correct the judgment — for 30 days after the decree is signed.7South Texas College of Law Houston. Rule 329b – Time for Filing Motions
During that window, either spouse can file a motion for new trial asking the court to set the decree aside. Getting a judge to undo a signed decree is much harder than filing a nonsuit; you generally need a substantive legal reason, not a change of heart. After the plenary power period runs out with no motion filed, the decree is final, and the only remaining route is a formal appeal, which comes with stricter requirements still. Two spouses who want to be married to each other again after a final decree would need to remarry.