The process of getting a divorce can take a very long time, but the most important question couples seem to ask is, “how long can a divorce be put on hold?”.
In this article, we’ll explore how long divorce proceedings can be put on hold if certain events occur and the legal measures you should be aware of.
How Long Can a Divorce be Put on Hold
Quick Answer: It depends on your country’s law system. However, in the United States, divorce can be put on hold for sixty to ninety days. Please note that this differs from one county to another.
The answer is it depends on your country’s legal system. But in the US, you can usually put your divorce on hold for 60 to 90 days. It’s different in each county. Within this span of time, both parties must make a final decision about whether to get a divorce or not. Below, we’ll throw more light on the steps as well as give more clarity about the answer we have given.
Two legal ways to hold divorce proceedings.
There are two legal ways to hold the divorce process.
After you file for divorce, you have to go through with it and let the divorce proceeding take its course. But if you and your husband or wife both want to get back together, there are two easy ways to hold a divorce, as long as certain conditions are met:
Submit an application for the Motion to Abate
A couple can inform the court in writing that they don’t want a divorce at the moment, aiming to change their minds and stay in their marital relationship.
It’s called a “motion to abate.” Now, this depends on the specific circumstances and the county. But when this happens, the court may give them 60 to 90 days to figure out what they want to do.
Assuming you need extra time to save your marital relationship because you’re mentally ill, can’t make decisions or think clearly about what’s happening, or for whatever reason, you have the right to ask for another hearing before the divorce judge.
You’ll have to present evidence at the divorce court to demonstrate that you are incapable of deciding about terminating their marriage (due to severe illness).
Last but not least, if you later wish to continue with the divorce, you must submit a Motion to Continue the Proceedings. The court will determine whether to approve the motion depending on whether there are any more grounds for suspending the divorce.
At this point, you have to work out everything on the divorce settlement agreement, like who gets the kids. If you don’t, you might have to deal with the Parental Alienation issue in the future. So, you should know how to avoid that.
Submit a Motion to Voluntarily Dismiss the Dissolution
But what happens if the couple decides not to dissolve the marriage but to remain together? Then, they must notify everyone by asking for a motion to voluntarily dismiss the dissolution in that span of time. Your decision will be well received by the court.
But you won’t get your money back (the fees you paid when you filed for divorce). I don’t think that money is a problem for you!
How Long Can a Divorce be Put on Hold FAQs
Can divorce proceedings be suspended instantly?
No, that’s false. The divorce proceedings won’t be suspended instantly because you filed for them. However, there is a possibility that the court will put it on hold for up to 90 days if certain criteria are met.
The parties can ask for this time by submitting an agreement to halt the divorce proceedings or by completing paperwork asking for a hearing to justify why the divorce shouldn’t be granted, for instance, by showing that one partner is mentally incapable.
Can I file for divorce again after filing a Motion to Dismiss?
Yes, you can. However, you must start over and go through the entire process again. You will need to pay the court fees and lawyer fees. So there’s always a window of opportunity.
Can I change my mind about getting a divorce after I’ve signed the papers?
Yes, you and your marital partner can both change your mind to save your marriage, but this won’t affect the divorce. However, remarrying is your only choice. No legal action may be taken on this issue.
Can one spouse put the divorce proceedings on hold without the other?
So your husband or wife filed for a divorce, and you’re the only one who wants to put it on hold? No, that’s not allowed. In a divorce case, the only way for either husband or wife (or even only one) to do this is for the other partner to consent and sign off on it.
If your ex does not wish to work with you or is unwilling to, they will never agree to stop the proceedings. You can make every effort to convince them to agree, though.
Can I change my mind once the divorce papers are signed?
Quick response: no. After you sign the divorce papers, you can’t change your mind. To cancel your divorce, the court has to hold a trial and show that you were tricked or forced into signing the papers.
That implies that, at this point, the court would only agree to hear you if you have a strong legal case. I highly doubt it; your odds are too low.
What is the longest period a divorce can take?
When you file for divorce, in many states, you must wait for a specific time frame before you are legally permitted to finalize the divorce. This is referred to as a waiting or cooling-off period. The longest wait time is 365 days, and the minimum is 0 days.
What is a toxic divorce?
A toxic divorce would be when one party wishes to dissolve the marriage more amicably, whereas the other person not only disagrees but they develop a continuous chain of turmoil and ill will.