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We Want to Call Off the Divorce and Remarry Each Other, How Do We Set Aside the Divorce Proceedings?

Do you want to call off your divorce and remarry each other? Great! Maybe you and your ex have realized that you still love each other. Maybe you have children together and decide it’s best for the children to have a family unit in one home. Maybe it’s more financially feasible to stay together than to divorce or perhaps there are cultural, religious or societal reasons for you and your ex to get back together. Whatever the reasons may be, the law provides solutions if you and your ex decide to remarry.

  1. Can Parties Who have Filed for Divorce Remarry Each Other? Yes, Texas law permits two people who have filed for divorce, or even been granted divorce to remarry each other at any time. There is no restriction. While the law requires 31 day (post divorce) wait if either party wants to marry a third party, there is no waiting period for a husband and wife to remarry each other. Remarry away!
  2. What happens if the Divorce was Already Granted? If there is a divorce order signed by a judge and the exes have decided to remarry, all child support and spousal support obligations will cease by default. For example, a husband who is ordered to pay spousal support and child support no longer needs to make those support payments after reconciliation. There is no need to get a court order allowing cessation of payments – the support obligations cease automatically if parties reconcile.
  3. What Happens to the Prior Court Order Granting Divorce? Let’s talk about a court order granting divorce signed by a judge. That order stays in effect. If exes decide to reconcile and be married, they will have to apply for a new marriage license. The court order granting divorce cannot be changed. 
  4. What happens if the Husband and Wife Need Time to See if the Reconciliation Will Last? Assuming both parties have counsel, the attorneys can seek appropriate court orders to delay the finalization of divorce to provide some room to parties to test out their reconciliation. This can be achieved through continuance motions, abatement motions, or other similar motions.
  5. What if Husband and Wife Decide to Reconcile Permanently? Can they Set Aside the Divorce that is Pending? Absolutely! If such is the case, both parties must inform their attorneys of the fact and the attorneys will non-suit the cases on both sides. The case will be dismissed before any final order of divorce is entered. Any temporary orders in place will terminate.