Is It Possible To Put Your Divorce On Hold?

The State of California deals with divorce cases just like other civil or legal court proceedings. If the need arises, you can get your divorce process halted by making a request to the court, or by agreement of the parties. The court of law will grant the hold only if it is able to establish that the continuance is not being requested with bad intentions in mind. There are several situations wherein a couple’s request for continuance will be granted by the court of law in California.

Probability of reconciliation

If the California family court is able to establish that there is a considerable possibility of a reconciliation of the divorcing parties, it might accept the motion for continuance. In such a situation the judge might order the litigation process to be halted for a period of thirty days. The court might also issue temporary orders for visitation, custody or support if required, while the divorcing partners work their way towards a resolution for their marital conflicts. If even at the end of the thirty day period, the divorcing partners are not able to resolve their issues, they can request the court to go ahead with the litigation process. If however, the parties are able to resolve their disputes and agree to move in together, the petitioner of the divorce case is required to file a ‘Request for Dismissal’ that directs the court to terminate the litigation process with immediate effect. 

Other reasons for continuance

Apart from probable reconciliation, the divorcing parties can request a continuance for several other reasons as well. For example, a court can put the divorce proceedings on hold if an important professional expert or witness is unavailable for appearing in the trial. Also, if an involved party or an attorney has fallen ill or met with their demise, the court will grant permission to keep the case on hold for a specific period of time until the spouse is able to arrange for a new attorney or party. In addition to this, if there has been a sudden abrupt change in the course of events or the status of the lawsuit, the court can grant the continuation to the couple. And lastly, if even after its sincere efforts, a party has been unable to produce important testimony or evidence, it will be allowed to work on it while the case stays on hold.

If in case, you wish to put your divorce process on hold, you can contact your divorce attorney to take appropriate action.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.