As our Dallas readers know, the decision to end a marriage typically involves a great deal of thought, introspection, talking with friends and family, and professional advice on the financial, legal and related aspects. Yet sometimes, no matter how well-informed the decision, circumstances may arise in which one or both partners decide they want to put the brakes on the divorce process, as we saw recently in the case of Khloe Kardashian and Lamar Odom.
While some celebrity couples are known for their eccentricities in family court as much as anywhere else, this is in fact a point on which we should pause and take a closer look. Is it possible for Dallas residents to change their mind during a divorce? The answer below is intended as general information only, and does not constitute specific legal advice.
If you are the one who filed for divorce, then you need to complete a form called a Notice of Nonsuit without Prejudice. You will also need to have the Notice served on your partner if he or she was served with legal notice of the divorce originally or filed an answer to it. File this paperwork with the court clerk. Once the judge signs it, you can file the signed version with the clerk and your divorce will be dismissed.
This can become more complicated if your partner had taken any other steps on his or her own, like filing a counterclaim. Without your partner’s agreement, you can only ask for a dismissal of a claim that you filed yourself. However, if you both agree that you don’t want to get divorced, then instead of filing a Notice of Nonsuit you should file a form called an Agreed Motion to Dismiss.
In either scenario, you’ll still be out the filing fees from your original divorce case. But it’s important to understand that the answer is yes: you can change your mind before your divorce becomes final.