What If I Change My Mind About Getting a Divorce?
Filing for divorce can follow months of disagreements and uncertainty. Even after the case begins, some spouses reconsider whether ending the marriage is what they really want.
If you change your mind about getting a divorce in Illinois, there are options before the divorce is finalized. You may be able to slow down the case while you attempt to reconcile or ask the court to dismiss it. If you are reconsidering a divorce in 2026, a DuPage County, IL divorce attorney can help explain what will happen to your pending case and discuss other options.
What Happens if My Spouse and I Want to Try to Reconcile During Divorce in Illinois?
If one of you has already filed for divorce but the case has not been finalized, you can still attempt to reconcile. Illinois law recognizes that reconciliation is possible after a divorce has begun. Under 750 ILCS 5/404, a court can order a conciliation conference if the judge believes there is a prospect of reconciliation. Either spouse may request one, or the court can order it on its own.
Trying to reconcile does not mean you should simply stop participating in your divorce case. Court dates and other requirements may still apply. If reconciliation succeeds, you can consider dismissing the divorce. If it does not, the case can continue.
Can You Dismiss an Illinois Divorce Case if You Change Your Mind?
A pending Illinois divorce can be dismissed before it reaches a final judgment. According to 735 ILCS 5/2-1009, the person who filed the case can request a voluntary dismissal before a trial or hearing begins after providing the required notice and paying applicable costs.
The rules become more complicated once a trial or hearing has started. At that point, the court sets the terms of dismissal. The person who filed the case may seek dismissal through an agreement signed by the other spouse or through a motion supported by an affidavit or other proof.
Before asking the court to dismiss the divorce, consider whether you are ready to end the case completely. A dismissal is different from temporarily slowing down the proceedings while you consider reconciliation.
What Happens to Court Orders in Illinois if You Dismiss Your Divorce?
Dismissing the divorce ends the pending case, so you should check any temporary orders that were entered while it was open. Those orders were designed to govern certain issues while the divorce was pending.
Before requesting a dismissal, review whether the court has entered temporary orders involving:
- Child support or spousal maintenance
- Parenting time or parental responsibilities
- Payment of household expenses or other financial obligations
- Possession of the marital home
Do not assume that a temporary order will continue after the divorce case has been dismissed. Your attorney can review the orders currently in place and explain what dismissal will mean for your situation.
What if You Decide to Get Divorced Again Later in Illinois?
If you dismiss your divorce and later decide that you do want to end the marriage, you will generally need to file a new divorce case. The previous case does not simply reopen because reconciliation was unsuccessful.
Starting again can mean filing a new petition and paying new court costs. You might also need to revisit issues that had already been discussed in the earlier case.
For this reason, spouses who are unsure about reconciliation may want to seek out legal advice before dismissing the case entirely. Keeping the case pending for a period of time can be an option in some circumstances.
Can Your Spouse Continue the Divorce in Illinois if You Change Your Mind?
Changing your mind does not necessarily stop the divorce if your spouse still wants to end the marriage. Illinois is a no-fault divorce state, and a spouse does not have to prove misconduct to obtain a divorce.
Under 750 ILCS 5/401, an Illinois divorce is based on irreconcilable differences that have caused the irretrievable breakdown of the marriage. If spouses have lived separate and apart for at least six continuous months before the divorce judgment, the law creates an irrebuttable presumption that the irreconcilable differences requirement has been met.
This means reconciliation works differently when only one spouse wants to remain married. If your spouse intends to continue with the case, speak with your attorney about what to expect as the divorce moves forward.
Contact a DuPage County, IL Divorce Attorney
The attorneys at Mevorah & Giglio Law Offices can help you review your options and decide what steps to take next. With more than 175 years of combined experience, our large law firm emphasizes personalized service and regular communication with clients.
Call 630-932-9100 to schedule a free consultation with our Bloomingdale, IL divorce lawyers.
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