How Long Can a Divorce Be Put on Hold Legally in 2025

In most U.S. states, a divorce can be put on hold for 60 to 90 days if both parties agree or if requested through the court. However, in some cases, the court may allow delays up to 6 months or longer, depending on the reason and local rules.

If you’ve started the divorce process but aren’t ready to move forward whether due to reconciliation, emotional readiness, finances, or child custody concerns you may be wondering how long a divorce can legally be delayed. The answer depends on where you live, the reason for the delay, and how far along the divorce is in court.

In this guide, Ie’ll explain:

• When and how you can pause a divorce
• Legal reasons courts accept to delay a case
• How to request a hold formally
• What happens if one spouse wants to stall the process

2 Legal Ways to Hold the Divorce Proceedings

Once you file for divorce, you are obliged to follow through and give divorce proceedings time to play out. But, if you and your spouse both want to reconcile your marriage, then there are two simple ways in which you can hold the divorce proceedings if certain conditions apply:

Apply for the motion to abate

A couple can file a written agreement with the court stating that they are not seeking divorce now, hoping to change their mind to keep their marriage alive.

This is known as a motion to abate. Depending on the circumstances and county, the family law judge may grant a 60 to 90-day pause to allow the couple time to consider their future.

Suppose you require more time because of mental incapacity, lack of knowledge or understanding, or any other reason to save the marriage. In that case, you may request another hearing before the judge who granted your divorce.

By attending the divorce hearing, you’ll need to show evidence that proves one spouse’s inability/incompetence prevents them from making decisions about ending his/her marriage (i.e., serious illness).

Finally, if you decide to divorce, you need to apply for a Motion to Continue the Proceedings, and the court will decide whether to grant the motion based on whether there are other reasons why a divorce should not be granted at this time.

If granted, this motion may result in an adjournment of the scheduled hearings, giving both parties more time to prepare or reconsider. At this stage, you have to settle everything on the divorce settlement agreement, including child custody. Otherwise, later, you may have to suffer the Parental Alienation problem. So, you should be aware to prevent that.

Apply for motion to voluntarily dismiss the dissolution:

But what if the couple decides to stay together instead of divorce? Then they need to inform that within that time frame by applying for the motion to voluntarily dismiss the dissolution. The court will welcome your decision.

But, you will not get a refund of the fees you paid while filing the divorce proceedings. I think you are not worried about that money!

Consider a motion to stay the proceedings (Optional in some jurisdictions)

In some states, couples or attorneys may also file a Motion to Stay the divorce proceedings. This is a formal legal request asking the court to temporarily halt the case often due to pending mediation, counseling, or external issues like health or financial concerns.

The court may approve a stay if both spouses agree or if valid reasons exist. It’s less commonly used in family courts but still a legally recognized option depending on your jurisdiction.

An LJ Law, Nevada representative, discussed this to answer the question, “Can I Put My Divorce Proceedings On Hold?”. Watch it:

▶

Why Would Someone Want to Delay a Divorce?

Delaying a divorce can offer several benefits, especially when emotional readiness, financial stability, or child welfare is a concern. Taking time before finalizing the process allows couples to explore reconciliation, attend counseling, or reach more amicable settlements.

For families with children, postponing the divorce may help them adjust emotionally, improve co-parenting communication, and create a more stable home environment. It also allows both spouses to prepare financially, gather necessary legal documents, and make well-informed decisions about custody, assets, and long-term plans.

What Happens While a Divorce Is on Hold?

During the hold period:

• No hearings or court deadlines are active
• Parties may attend counseling or settlement discussions
• Child support or temporary custody orders remain in place
• Either spouse may later choose to resume the process

If reconciliation is successful, the case can be voluntarily dismissed. If not, either spouse can reopen the case and resume divorce proceedings.

Can Only One Spouse Put the Divorce on Hold?

Not easily. Courts rarely allow one party to unilaterally delay a divorce without strong justification. If one spouse tries to stall:

• The other may file a motion to proceed
• The court may issue deadlines to respond
• Failure to act may lead to a default judgment

Spouses attempting to drag out a divorce intentionally (for revenge, financial gain, or control) may face legal penalties or court orders to finalize the case.

How Long Can a Divorce Be Delayed Without Dismissal?

While courts may approve short delays, prolonged inactivity can lead to automatic dismissal. Here’s a general guide:

FAQs on How Long Can a Divorce be Put on Hold

Will the divorce process be suspended automatically?

No, the divorce process will not be suspended automatically. The divorce process will not automatically be suspended if you have filed it. But there is a chance that the court may hold it in abeyance for 90 days when certain conditions apply. If approved, the court docket will reflect this temporary pause, showing the case status as inactive or stayed.

The parties can request this period by filing an agreement to stay proceedings or by filling out forms requesting a hearing on why the divorce should not be granted (such as proving one spouse’s mental incapacity).

Can I re-submit for divorce after Motion to Dismiss?

Yes, you can re-submit for divorce after a motion to dismiss. Dismissing a divorce case does not prevent you from filing again in the future. You will need to start the process from the beginning, including paying court fees, filing a new petition, and serving your spouse again.

Can a single spouse suspend the divorce proceedings alone?

No, one spouse cannot suspend divorce proceedings alone. Both spouses must agree to pause or dismiss the case. Courts usually require a joint motion or mutual consent to put the divorce on hold. If one spouse refuses to cooperate, the divorce will generally proceed as scheduled.

If your ex refuses or doesn’t want to cooperate, then there’s no way they will ever go along with suspending proceedings. However, you can try your best to make him/her agree.

Can I change my mind after signing the divorce papers?

No, you generally cannot change your mind after signing the final divorce papers. Once the court issues a final divorce decree, the marriage is legally dissolved. For the court to nullify your divorce, they would have to run a trial and prove that there was fraud or coercion in getting you to sign the divorce papers.

That means, at this stage court will agree to hear you only if there is any solid legal ground. Unlikely, you don’t have enough chance.

Is legal separation the same as putting divorce on hold?

No, legal separation is not the same as putting a divorce on hold. Legal separation is a formal court order that allows spouses to live apart and resolve issues like property, custody, or support without ending the marriage.

In contrast, putting a divorce on hold means temporarily pausing an active divorce case, often through a motion to abate or stay, while the couple decides whether to continue or reconcile.

Conclusion:

While courts often grant temporary pauses of 30 to 90 days, any longer delay needs solid reasoning and court approval. Always speak with a family law attorney in your state before requesting a delay. Legal advice can ensure you’re protecting your rights and not jeopardizing your case by waiting too long.