If you’re currently going through a divorce in California, you might wonder whether there are any circumstances that would allow for a temporary hold.
You can put your divorce on hold—well, the court can—in certain circumstances.
How It Works
To halt a divorce that’s already in progress, you’ll need to ask the court. This is done by filing a motion for continuance with the court that’s handling your divorce. The judge has a good deal of leeway in deciding whether to deny or approve a motion like this, and he or she will be looking for evidence that a delay is truly necessary and in the best interests of the parties involved.
A continuance will not be granted if it’s being made in bad faith or to needlessly delay proceedings.
Reconciliation as Grounds for Continuance
If you file a motion for continuance and the court believes there’s a chance that you and your spouse may be able to reconcile, a 30-day hold may be placed on your case. At this point, the court can issue temporary orders to address necessary issues such as child custody and visitation, spousal support, and child support.
From here, there are two possible scenarios:
- If you and your spouse decide to move forward with your divorce, either of you can motion the court to remove the hold and proceed with the divorce.
- If you and your spouse decide to reconcile, whoever sought the divorce in the first place will need to file a Request for Dismissal with the court. This would put an end to the divorce.
Are There Other Grounds for Continuance?
Reconciliation is not the only reason the court may put a temporary hold on a divorce case. The following are other potential reasons that a continuance may be granted:
- There is a sudden and unexpected change in the status of the case.
- Either spouse has become ill or has passed away.
- Either spouse’s attorney has become ill or has passed away.
- Either spouse needs to find new legal counsel.
- A key witness or expert is unavailable.
- Either spouse has tried and been unable to obtain key evidence or testimony.
Learn More About Your Options
Every divorce is different, and your reasons for putting it on hold are personal and important. You need to be certain that your attorney will advise and represent you based on your best interests, which should always come first.
At the Law Offices of H. William Edgar, our clients are our top priority. When you work with our firm, we’ll take the time to get to know you, your goals, and your concerns so we can address these through every stage of your divorce—including a continuance, if that is needed or wanted. You can rest assured that our divorce lawyers will do everything within our broad experience and resources to help you face a more stable future.