How Long Can A Divorce Be Put On Hold? A Guide (Feb 2025)
Summary
- After filing for divorce, you can put the process on hold
- You must present a good reason in court for delaying the divorce
- A lawyer can help you present your case for a pause clearly
Filing for divorce can be a difficult step to take. Not only is it emotionally devastating to decide to go your own way, but it can also be a complicated legal process. It’s also a common one people go through. A quick search for “what is the divorce rate in the U.S.” shows you that there are 14.56 divorces per 1,000 married women.
And yet, despite how frequent divorces are, going through it yourself can leave you with lots of worries and questions. If you’re struggling with the process and are unsure of whether to pursue it, it can help to know the answer to one common question: How long can a divorce be put on hold?
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Can You Pause a Divorce After Filing?
Understanding whether you can halt a divorce once it’s been filed will depend on whether you were the one to serve the petition for dissolution of marriage, also called the petitioner. If you served your spouse with divorce papers, then you have a right to pause the proceedings as long as your spouse hasn’t responded with a counter-petition.
If your spouse has already responded, you can still pause the divorce, but both parties will have to agree to do so. But what if you’re the person who was served the divorce papers? In that case, you may not be allowed to stop the process without your spouse’s approval. Keep in mind that different states could have varying rules on this.
In some instances, people decide to withdraw the divorce filing altogether. To do so, you will need to ask for a Request for Dismissal form at the courthouse where you filed the divorce petition. Once you stop the divorce proceedings, you will have to start over if you choose to pursue this option again.
That can significantly slow the process down, not to mention cost you more, so it can be in your best interests to pause the divorce but not completely stop it. You can place your divorce in inactive status, which keeps the case as-is for a designated amount of time.
How Long Can a Divorce Be Put on Hold?
A divorce can be put on hold for periods of varying lengths. Your lawyer can file a motion for continuance, which asks the court to consider pausing the proceedings. If the court agrees, then you typically have about 30 days, though it’s possible to get longer periods.
There is no limit to the number of times you can ask to put the divorce on hold, but you will need to have a good reason for doing so each time. You can state you and your spouse are working on reconciliation, or if your spouse has changed their mind on an important aspect of the divorce, you can claim a change in case status.
Other reasons that will allow you to continue putting the divorce on hold include illness or a family death, as well as financial issues. It’s important to remember that a divorce filing will usually be deemed closed if it remains inactive for more than a year.
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How a Family Law Attorney Can Help in Complex Divorce Proceedings
No matter what the reasons for divorce are, whether you’re the petitioner or not, or how smoothly you may think the whole process is going, you should hire a divorce lawyer. Your spouse may try to delay proceedings by putting the divorce on hold in the hopes that you’ll capitulate and grant them what they want in terms of alimony or child custody.
With a lawyer helping you, you can take steps to prevent delay tactics or, if your spouse is genuinely looking for a way to reconcile, decide whether a delay or dismissal of the divorce filing is the most appropriate option.
Vitally, if you and your spouse would like to put the divorce on hold, your lawyer can present a strong case so that the court will grant you the time you need.
Work With Trusted Lawyers in Your Area
Whether you know how to file for divorce “pauses” or not, you need to have an attorney by your side helping you through each step. Nothing in a divorce is easy, and presenting your reasons for halting the filing can have its own challenges.
Your lawyer will help you understand what your options are and will prepare the evidence the court will need to make the case inactive.
At ConsumerShield, we can connect you with leading family lawyers in your area. We carefully vet each option so that we can help our clients receive the assistance they need. You don’t have to go through divorce proceedings on your own. Contact us at ConsumerShield to get access to attorneys you can count on in your area.
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Frequently Asked Questions
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No. If both parties have filed or responded to the divorce petition, the spouses will need to agree to pause the divorce in order to do so. It can no longer be done unilaterally. Additionally, if the divorce has been finalized, then it’s not possible to halt it.
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Although you don’t need an attorney to help you, it’s always in your best interests to hire someone with experience. It’s likely that your spouse will have representation, so you could put your interests at risk by not getting help, too.
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Yes. You need to go to court and explain why you’d like the process to be paused. There are a few reasons that the court will accept, including illness or death in the family, attempts at reconciliation, emotional concerns, and family problems. Your lawyer can help you prepare for court.
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There are no set limits, but you will need to go to court each time and present the reason for the delay. The more times you do this, the more likely it is that the court will refuse to grant you the request.