Changing Your Mind: Can You Put Your Divorce on Hold in California?
Posted on: January 23, 2020
The way a person fees when they file for divorce is not necessarily how they will feel six months later – or even a few weeks later. Many people start the process and decide to give reconciliation another shot – but what happens to the divorce proceedings that have already started? Can they simply be put on hold? Learn how this works and then contact Law Office of Michael L. Fell at (949) 585-9055 for a divorce consultation.
There Are Certain Situations in Which You Can Get a Continuance on Your Divorce
If the divorce process is already in process and you want to stop it, you cannot simply walk away – you must file a motion with the court. Your family law attorney will file a motion for continuance with the court that is handling your divorce. It is up to the judge to decide to deny or grant the motion. They will look for evidence that the continuance would benefit all parties and that it is necessary.
The judge will not decide to grant the continuance if they believe it is being made in bad faith in order to hold up the divorce, or if they believe one or both parties are attempting to delay the proceedings needlessly.
Reconciliation Can Be Grounds for Continuance
If the reason you want a continuance is that you are trying to reconcile with your spouse then the judge may give you a hold. However, this will only be for 30 days. The court can then issue temporary orders if anything needs to be addressed right away, such as visitation, spousal support, etc.
Once the thirty days are up, there are several options for moving forward. First, if you and your spouse decide that you do want to divorce, either one of you is able to motion to the court to get rid of the hold and move on with the divorce. On the other hand, if you decide to work it out, then whoever filed the divorce must then file a Request for Dismissal. This ends the divorce proceedings.
There Are Other Potential Grounds for a Continuance
The want to attempt reconciliation is not the only reason that a judge may agree to a continuance. They may also do so if there is a sudden change in the status of the case, either spouse has not been able to obtain essential evidence, one of the spouses has become seriously ill or their attorney has, either spouse needs a new attorney, and other similar situations. The key is that something surprising must have happened that one or more of the parties could not have seen coming.
If you are considering filing for divorce, we strongly recommend that you do not do so until you are reasonably sure that you want to continue the proceedings. If you are not sure if you are there, you can request a free, confidential consultation with a family law attorney to learn more about your options. Reach out to Law Office of Michael L. Fell at (949) 585-9055 to get started.
