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As per the Texas Rules of Civil Procedure Rule 162, a plaintiff has the right to withdraw a case as long as it is done before the final trial or hearing starts. If you're the one who initially filed for divorce, you can cancel the proceedings by filing a ?Motion to Dismiss? or a ?Motion for Nonsuit? with the court.
After you file your petition, the court assumes that you still want to get divorced and will move your case along ingly. While your petition doesn't expire, the courts will expect you to stick to your commitments.
The process of withdrawing the divorce petition Unilaterally. Detect if an answer or counterclaim has been filed. ... Determine the court clerk for processing your case. ... Complete the appropriate paperwork. ... Serve your spouse. ... Ensure that both of you want to withdraw the divorce petition. ... File an action to dismiss.
Once it is filed with the clerk's office where one of both spouses reside, the court will issue a case number and assign a judge to the case. The date on which it is filed is considered the start of the divorce process. A 60-day waiting period will then begin on that date.
Does a divorce petition expire in Texas? From a legal perspective, a divorce petition doesn't expire in the state of Texas. However, if there is no action over a certain period of time, a judge has the ability to process it as a dismissal for want of prosecution.
A divorce can be put on hold in Texas for 60 days. The length can vary depending on the complexity of the issue and the conflict.