The short answer
In Florida, one spouse changing their mind rarely ends a divorce. The case usually turns contested and takes longer. If that spouse denies the marriage is broken, the judge may order counseling or pause the case for up to 3 months under § 61.052, Florida Statutes.
What happens if one spouse changes their mind mid-case?
Sometimes the case stops, but usually it just changes track. In Florida, one spouse usually cannot stop a divorce alone by changing their mind. If that spouse denies the marriage is broken, a judge may order counseling or pause the case for up to 3 months under § 61.052, Florida Statutes. An uncontested case becomes contested and takes longer.
Source: § 61.052(2)(b), Florida Statutes (2026 text, checked as of October 2026).
This is common, and you still have clear options. Florida is a no-fault state. That means the judge only has to find the marriage is "irretrievably broken," or beyond repair. The judge does not need both spouses to agree that it is.
If the judge does find the marriage can still be saved, the law says the judge must deny the petition, the paper that asks the court for a divorce. That outcome is rare. While a case is paused, the judge can still make temporary orders on support, alimony, parenting and property under § 61.052(3).
What does the outcome depend on?
It depends on who changed their mind, what they want now and which type of divorce you filed. Here are the main situations.
- The spouse who filed wants to stop: That spouse (the petitioner) can usually end the case with a notice of voluntary dismissal under Florida Family Law Rule of Procedure 12.420. A voluntary dismissal is "without prejudice," which means either spouse can file again later.
- The other spouse filed a counterpetition: A counterpetition is the other spouse's own request for a divorce. Under Rule 12.420(a)(2), it is not dismissed automatically. The case can keep going on that spouse's request.
- The other spouse denies the marriage is broken: The judge may order counseling, pause the case for up to 3 months or take other steps under § 61.052(2)(b).
- A spouse backs out of a settlement: The case becomes contested. That usually means mediation, more paperwork and possibly a trial. See how much a contested divorce costs in Florida.
- You filed a simplified dissolution: This joint, fast-track divorce only works if both spouses agree. Under Rule 12.105(b), both spouses must appear before the judge. If one spouse stops cooperating, you will need to file a regular petition instead.
Warning: Signing a settlement agreement is a serious step. If you later want to back out of a signed agreement, talk to a lawyer before you sign anything new or skip a hearing.
Whatever the situation, Florida still requires a wait of at least 20 days after filing before a final judgment can be entered, under § 61.19, Florida Statutes.
| Situation | What usually happens | Rule |
|---|---|---|
| Petitioner withdraws, no counterpetition | Case can end by voluntary dismissal, without prejudice | Fla. Fam. L. R. P. 12.420(a) |
| Petitioner withdraws, counterpetition filed | Counterpetition keeps the divorce going | Fla. Fam. L. R. P. 12.420(a)(2) |
| Respondent denies the marriage is broken | Possible counseling or pause of up to 3 months | § 61.052(2)(b), Fla. Stat. |
| Spouse backs out of a simplified dissolution | Refile or continue as a regular dissolution | Fla. Fam. L. R. P. 12.105 |
What should I do if my spouse changes their mind?
Stay calm, keep your copies of everything and get advice before your next court date. These steps help.
- Ask your spouse, in writing, which issue they now disagree with.
- Check whether you or your spouse filed a counterpetition.
- Read up on whether mediation is required in Florida, since a contested case will often go there next.
- Talk to a family lawyer if the case turns contested, children are involved or a signed agreement is in question.
If you started without a lawyer, do you need a divorce lawyer in Florida explains when one helps most.
Frequently asked questions
Can an uncontested divorce become contested?
Yes. If either spouse disagrees on any issue before the final judgment, such as property, debts, alimony or the parenting plan, the case becomes contested. It then usually goes to mediation and may go to trial. That takes longer and costs more, but the divorce can still be granted.
Can we switch midstream from a contested divorce to an uncontested one?
Yes. If you and your spouse settle every issue at any point, you can sign a marital settlement agreement and ask the court to finalize the divorce on those terms. Many contested cases settle this way, often at mediation. The judge still has to approve the agreement at a final hearing.
Do both spouses need to attend the final hearing?
Sometimes. In a simplified dissolution, Florida Family Law Rule of Procedure 12.105(b) says both spouses must appear before the court. In a regular uncontested divorce, often only the spouse who filed attends. In a contested case, both spouses normally take part, because the judge decides the disputed issues.
Can we file together as 'co-petitioners'?
Sometimes. Florida lets spouses file one joint petition only through simplified dissolution under Rule 12.105. You must have no minor or dependent children together, agree on dividing property and debts, and not seek alimony. Both spouses must sign and appear. Otherwise, one spouse files and the other responds.
Sources
- Section 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Legislature
- Section 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage; delay period, The Florida Legislature
- Rule 12.420. Dismissal of Actions, Florida Family Law Rules of Procedure (floridarules.net)
- Rule 12.105. Simplified Dissolution Procedure, Florida Family Law Rules of Procedure (floridarules.net)
- Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage, Florida Courts
- Florida Uncontested Divorce, The Quick Divorce