Filing for divorce in Florida does not lock you into a path you cannot change. Life is complicated, emotions run high, and sometimes the clarity that comes after filing looks very different from the certainty that led you to file in the first place.
Can you actually stop a divorce after the paperwork has already been submitted? Yes — but how you do it, and whether it is even possible, depends on where your case stands and whether your spouse is on the same page. This guide explains every option available to residents who want to stop the divorce after filing in Florida.
Some people also refer to this process as withdrawing a divorce petition, dismissing a divorce case, or cancelling a divorce filing in Florida — all of these describe the same legal actions covered in this guide.
Key Takeaways
- You can stop a divorce at any point before the case is submitted to the court for decision — generally before the final hearing begins
- A Motion to Abate pauses proceedings without dismissing the case — for up to 3 months under Florida Statute § 61.052(2)(b), available when minor children are involved OR when the respondent formally denies the marriage is irretrievably broken
- A Notice of Voluntary Dismissal cancels the case entirely — refiling means starting from scratch
- If your spouse filed a counterpetition, your dismissal alone does not close the case
- Once the Final Judgment is signed, you cannot reverse the divorce
- The period shortly after filing — before an answer or counterpetition is filed — is often the simplest time to pause or dismiss
Can Florida Courts Force You to Stay Married?
No. Under Florida Statute § 61.052, Florida is a no-fault divorce state. A marriage can be dissolved simply because it is irretrievably broken — no agreement from the other spouse is required. Our guide to Florida divorce laws in 2026 explains the full framework.
Situation
What Happens
Both spouses want to stop
Clear legal tools available
Only one spouse wants to stop
Limited options; judge may pause under specific conditions
Spouse wants to proceed
Divorce moves forward regardless
An uncontested divorce lawyer can help you assess your specific situation and identify the most strategic path forward before you make any decisions.
Option 1: Motion to Abate — Pause the Divorce Temporarily
A Motion to Abate is the legal tool for couples who are not ready to cancel the divorce entirely but need time to breathe, reconsider, or attend marriage counseling.
How a Motion to Abate Works
After you file a Motion to Abate, the court places the divorce proceedings on hold. Under Florida Statute § 61.052(2)(b), the court can pause proceedings for a period not to exceed 3 months to allow the parties an opportunity to reconcile. In practice, many Florida courts issue abatement orders in the range of several weeks to 90 days depending on the circumstances and the specific court order entered.
The court does not dismiss the case — it simply pauses it. When the abatement period ends, either party may request that the case return to the active docket so proceedings can continue. No new petition needs to be filed.
When a Judge Can Order a Pause Without Both Spouses Agreeing
Under § 61.052(2)(b), a judge may pause proceedings and order counseling — even without full mutual agreement — when either of the following is true:
A minor child of the marriage is involved, or
The respondent filed a formal written answer denying the marriage is irretrievably broken
Either condition alone is sufficient to give the court discretion to pause proceedings.
This is not triggered by verbal objection alone. It requires a formal denial in the respondent’s written answer filed with the court. If you were served and want to formally contest the breakdown claim, our guide on how to respond to divorce papers in Florida explains the 20-day response deadline.
Key limitation: If the spouse seeking the divorce does not agree to pause, and the § 61.052(2)(b) conditions are not met, the other party cannot unilaterally abate proceedings. Both spouses generally need to be willing for a Motion to Abate to work smoothly.
What Stays Active During an Abatement
Temporary orders — including child custody arrangements, spousal support, and financial restraining orders — typically remain in effect during a pause. The statute explicitly provides that during any period of continuance, the court may make appropriate orders for support, alimony, parenting plans, and attorney’s fees. Confirm which specific orders apply in your case with your attorney before taking any action.
Option 2: Notice of Voluntary Dismissal — Cancel the Divorce Completely
If you and your spouse have both decided you do not want to move forward with the divorce at all, the petitioner — the spouse who originally filed — can file a Notice of Voluntary Dismissal. This ends the case entirely. Both parties legally remain married, and the matter reverts to where it stood before the petition was filed.
How to File a Notice of Voluntary Dismissal
To file a Notice of Voluntary Dismissal in Florida, you must:
- Obtain the form from the Florida Courts self-help page, your county Clerk of Court, or have an attorney prepare it
- File it with the Clerk of Court in the county where the divorce is pending — in person or via the Florida Courts E-Filing Portal
- Serve copies on your spouse or their attorney and all attorneys of record, with a Certificate of Service attached
- Verify the docket confirms the case is marked dismissed — do not assume the court closes it until the record reflects that status
In most Florida circuits, the dismissal takes effect upon filing. You can stop your divorce altogether by filing this notice any time before the case is submitted to the court for decision — in practice, this typically means before the final hearing begins, not merely before the Final Judgment is signed.
What Happens to Temporary Orders and Filing Fees
Many temporary orders entered during the case may terminate upon dismissal, but the effect of specific orders can vary depending on their terms and wording. Consult your attorney before filing to confirm the impact on each order in your case.
Important warning: Once you file the Notice of Voluntary Dismissal, the court closes the case. If you later decide you want a divorce, you must start from scratch. This is a full stop, not a pause. Make absolutely sure both spouses agree before filing.
If you later refile for divorce, standard petition filing fees apply. Statewide, Florida divorce filing fees are approximately $408, plus a summons fee of approximately $10 — however, fees are set by the Florida Legislature and vary slightly by county. Confirm the current fee with your county Clerk of Courts before refiling
What If My Spouse Filed a Counterpetition?
Your dismissal alone will not stop the divorce.
This is confirmed by the governing rule. Under Florida Family Law Rule of Procedure 12.420(a)(2) — the rule that specifically governs dismissals in family law cases — “if the petitioner files a notice of dismissal of the original petition after a counterpetition is served by the respondent, the counterpetition shall not be automatically dismissed.”
In plain terms:
- Your Notice of Voluntary Dismissal cancels your original petition only
- Your spouse’s counterpetition survives as an independent filing and the divorce proceeds on that basis
- To close the entire case, your spouse must also separately dismiss their counterpetition
- If your spouse objects or refuses to dismiss, the court may allow the counterpetition to remain pending for independent adjudication
What to Do If Your Spouse Won’t Dismiss
If your spouse refuses to dismiss, the divorce moves forward. At that point:
- Consult a family attorney immediately — defaulting in a contested case almost always produces the worst outcome
- Engage in mediation — required in most contested Florida cases under local administrative orders implementing Florida Family Law Rule 12.740, which authorizes courts to refer all contested family matters to mediation to negotiate terms or explore a joint dismissal
- Respond actively to protect your rights in property division, alimony, and child custody
When Is It Too Late to Stop a Florida Divorce?
This is the question that matters most — and the answer has a hard legal line.
Before the case is submitted to the court for decision: You can generally pause the divorce with a Motion to Abate or cancel it with a Notice of Voluntary Dismissal at any point before the final hearing begins, provided the procedural requirements are met and, where applicable, both parties cooperate.
After the Final Judgment is signed: The divorce is legally complete. Once the judge signs the Final Judgment of Dissolution of Marriage, the marriage is terminated. The Florida Bar confirms a finalized dissolution cannot simply be cancelled.
What about Rule 1.540? In exceptional cases, a party may seek relief from a final judgment under Florida Family Law Rule of Procedure 12.540 (which incorporates Florida Rule of Civil Procedure 1.540). Recognized grounds include: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct by the other party; (4) a void judgment such as one entered without proper service; or (5) a judgment that has been satisfied or is no longer equitable. This is a narrow remedy requiring proof of a specific legal ground. Regret alone does not qualify.
After a Final Judgment, your practical options are:
- Remarry your former spouse — Florida has no waiting period
- Modify certain post-judgment orders — time-sharing, child support, and some alimony arrangements can change through a modification proceeding if circumstances substantially change
- Property division cannot reverse after the final judgment is entered
Your Options at a Glance
Your Situation | Best Path |
Both spouses want to pause | Joint Motion to Abate |
Minor children OR respondent filed formal denial | Motion to Abate — judge may order under § 61.052(2)(b) |
Both spouses want to cancel entirely | Notice of Voluntary Dismissal |
Case is early — no answer or counterpetition filed yet | Often the simplest time to pause or dismiss; fewer complications |
Spouse filed counterpetition and won’t dismiss | Consult a family law attorney immediately |
Final Judgment already signed | Cannot undo it; remarriage is the only legal path |
FAQ
Yes — if no counterpetition is on file. File a Notice of Voluntary Dismissal before the final hearing begins. If a counterpetition exists, both parties must file their own dismissals.
For a full dismissal when a counterpetition exists, yes. For a Motion to Abate under § 61.052(2)(b), a judge may order a pause without full agreement — but only when minor children are involved and the respondent formally denied the marriage is irretrievably broken in their written answer.
Yes — under § 61.052(2)(b), for a period not exceeding 3 months, when minor children are involved and the respondent formally denied the marriage is irretrievably broken in their answer.
No. Once the judge signs the Final Judgment, you cannot reverse the divorce simply because both parties change their minds. Remarriage is the only legal path to reuniting. Exceptional relief under Florida Rule of Civil Procedure 1.540 requires specific legal grounds — fraud, improper service, or clerical error — not regret.
A Notice of Voluntary Dismissal takes effect upon filing. Processing times vary by county and court workload, but most clerks update the docket within 1 to 5 business days. A Motion to Abate requires a judge's signed order, which typically takes 1 to several weeks depending on the circuit.
Yes, when no counterpetition exists, no temporary orders are in effect, and both spouses agree. When any of those factors are present, a Panama City divorce attorney reduces the risk of a procedural error that costs more to fix than to prevent.
Yes. Either spouse may file a new Petition for Dissolution of Marriage at any time after a voluntary dismissal. The new case starts from the beginning and requires new filing fees.
Generally no. Filing fees already paid to the Clerk of Court are non-refundable, even after a voluntary dismissal. If you refile later, you pay the standard fees again.
Yes. When both spouses agree to dismiss, the petitioner files a Notice of Voluntary Dismissal and serves it on the other party. The court closes the case. If both spouses want only a temporary pause rather than a full dismissal, they can file a joint Motion to Abate instead.
About the Author
Justin Andersson is a Florida family law attorney based in Panama City, FL, serving clients throughout Bay County and Northwest Florida. He focuses exclusively on divorce, custody, alimony, and family law matters in Florida’s 14th Judicial Circuit.
View Attorney Profile | Florida Bar No. 1064361
Related Reading
Florida Divorce Laws Explained for 2026
How to Respond When Served Divorce Papers in Florida
Can You Get Divorced in Florida Without Going to Court?
Uncontested Divorce in Florida
Mediation in Florida Family Law Cases
Child Custody in Florida
Modifications of Custody, Support, and Alimony