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Texas Family Law Blog

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Posts tagged Divorce
My spouse filed for divorce but I want to reconcile. Can I stop the divorce?

You find out your spouse has filed for divorce. You feel sick to your stomach because you absolutely do not want to end your relationship. Maybe you truly love your spouse and cannot stand the thought of living without them. Maybe you think it will be healthier for the children if you stay married to your spouse. No matter your reasoning, the moral of this story is that your spouse can (and will) get a divorce if they want one.

Texas recognizes a no-fault grounds for divorce. The petitioner does not have to prove some scandalous act such as adultery or abuse to be entitled to a divorce. Essentially, all that has to be alleged in a divorce petition is that the couple cannot get along. Therefore, in a legal sense, you cannot stop the divorce train once it has pulled out of the station. That control lies with the spouse who filed.

On a personal note, you are able to work on your marriage even if a divorce is pending. Many people think that the filing of a divorce signifies the end of the marriage. Often times, this belief is founded. However, it does not always have to be that way. If both spouses are willing to full-heartedly work on their issues it is very possible that they can reconcile. If a reconciliation does occur, the filing spouse can always file a Notice of Nonsuit. This filing puts the court on notice that the petitioner no longer wishes to proceed with the case and the divorce is called off at that point in time.

Major problems arise when one spouse is adamant about wanting the divorce and the other spouse is dead set on reconciling. If your spouse does not want to reconcile you cannot make them. Many spouses (especially husbands) find themselves in trouble when they relatedly try to make contact with their soon-to-be-ex-spouse regarding reconciliation. It often comes across as aggressive and harassing. Often enough, the police get called and the spouse who wants to remain married is asked to leave or even taken to jail. Always remember that your spouse is entitled to a divorce if they want one. It is also important to remember that your perceived hostile behavior will likely be brought up in front of the court. The consequences of your behavior can be detrimental to your case (what if child custody is an issue?).  If your spouse does not wish to reconcile do not attempt to force the issue. It is in your best interest to find a lawyer and prepare to move on with your life.