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Can You Change Your Mind After Filing for Divorce?

 Posted on June 26, 2026 in Divorce

Wheaton, IL Divorce AttorneysYou can change your mind after filing for divorce in Illinois. Filing a divorce petition starts the legal process, but it does not lock you in permanently. If you and your spouse decide to give your marriage another chance, there are ways to stop the process and move forward together. At the same time, understanding what happens legally when you change course is important to avoid a complicated situation down the road. If you have questions about filing in 2026, the Glen Ellyn, IL divorce lawyers at Roberts PC can help you figure out your next steps.

What Happens When You File for Divorce in Illinois?

When you file for divorce in Illinois, you are submitting a petition for dissolution of marriage to the circuit court in your county. This officially starts the legal process. The other spouse is then served with the paperwork and given a chance to respond.

Under 750 ILCS 5/501.1, once a divorce case begins, an automatic court order immediately prohibits both spouses from abusing, harassing, intimidating, interfering with each other's liberty, or concealing a child from the other parent until the case ends or the court orders otherwise. The case moves forward through various stages, including discovery, negotiation, and potentially a trial, unless it is resolved beforehand.

Nothing about filing for divorce is final until a judge signs a final judgment of dissolution of marriage. Until that happens, there is still time to change course.

How Do You Stop a Divorce Case After It Has Been Filed in Illinois?

If both spouses agree that they want to stop the divorce, the process is relatively straightforward. The spouse who filed the petition can ask the court to dismiss the case voluntarily. Under Illinois law, a petitioner can file a motion to voluntarily dismiss the case. The court will typically grant it as long as certain conditions are met.

If the case has not progressed very far and no counterpetition has been filed by the other spouse, dismissing the case is usually simple. If a counterpetition has been filed, meaning the other spouse also asked the court for a divorce, both parties have to agree to dismiss both filings before the case can be closed.

Once the case is dismissed, the divorce proceedings end. No divorce is granted, and the marriage continues legally as if the petition had never been filed.

What if Only One Spouse Wants to Stop the Divorce in IL?

If you filed for divorce and now want to stop the process, but your spouse wants to continue, you cannot force the case to end on your own. Once a counterpetition has been filed, the other spouse has their own independent right to pursue the divorce.

In Illinois, a divorce can be granted based on irreconcilable differences alone. One spouse does not have to agree to it. If your spouse wants to proceed and they have filed their own petition or counterpetition, the case will continue even if you withdraw your original filing.

If you find yourself in this situation, your attorney can help you understand your rights and make sure you are protected throughout the rest of the process.

Can You Pause an Illinois Divorce Instead of Dismissing It?

If you are not ready to fully stop the case but want to slow things down, there are options. Spouses can agree to put the case on hold while they work on their relationship, attend counseling, or simply take more time to think. Courts in Illinois generally allow cases to sit inactive for a period of time without being dismissed.

Some couples use this time to try reconciliation while keeping the legal process available if things do not work out. Others use it to make sure they are making the right decision for themselves and their children. Taking a pause does not close the case, so you can pick up where you left off if you decide to proceed with the divorce later.

Schedule a Free Consultation With Our Wheaton, IL Divorce Attorneys

Before you make any decisions about divorce, you should speak with an experienced attorney. Our Glen Ellyn, IL divorce lawyers will work hard to settle your case in a way that supports your goals. Every client gets Attorney Chuck Roberts’s personal cell phone number and email address. Contact Roberts PC at 630-668-4211 to talk through your situation today. Your initial consultation is free.

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