Life has a way of throwing curveballs, and there might come a time when you need to pause your divorce proceedings in California. But what are your legal options for doing so, and how long can you put things on hold?
The answers depend on the stage of your divorce and your reasons for wanting to hit the brakes. While your divorce attorney at Custody Queens can walk you through the best options for your unique situation, here are some general strategies to consider.
Requesting a Continuance
Pausing a legal process like divorce isn't as simple as ignoring court dates or paperwork—those actions can lead to unwanted consequences. Instead, your attorney can request the court to put the case on hold by filing a motion for continuance.
Keep in mind, a continuance is just a request, and it’s up to the court to approve or deny it. Your attorney needs to present compelling reasons to support the request. If the court suspects you're merely stalling, the request might be denied.
A continuance typically lasts for 30 days, though longer holds, such as 45 or 90 days, are possible if warranted. Additional continuances may be requested, but each will require a new motion with proper justification.
Valid Reasons for a Continuance in California
Under Rule 3.1332 of the California Rules of Court, there must be a valid reason to justify a continuance. Without a solid reason, the court may view the request as an attempt to frustrate the other spouse or unnecessarily increase divorce costs. Your Custody Queens attorney can help identify reasons the court is likely to accept.
Reconciliation
One of the most common—and acceptable—reasons for requesting a continuance is if both spouses are considering reconciliation. If the judge believes there's a chance of saving the marriage, they may grant the request.
If, at the end of the 30-day hold, you decide to stay married, the spouse who initially filed for divorce should file a request for dismissal, effectively ending the divorce process. If reconciliation doesn’t occur, either party can file a motion to lift the hold and resume proceedings.
Change in Case Status
A continuance can also be granted if there’s a significant, unexpected change in the case. For instance, if one spouse suddenly changes their stance on previously agreed-upon issues, the other may be given time to prepare for the new challenges.
Illness or Death
Medical issues, whether involving one of the spouses or their attorney, can be valid grounds for a continuance. If a new attorney needs to be hired due to these circumstances, the court might grant additional time for the new counsel to get up to speed.
Extending the Waiting Period
Another option to pause a divorce is by requesting the court to extend the mandatory six-month waiting period before a divorce can be finalized. While this waiting period can’t be shortened, under Section 2339(b) of the California Family Code, courts have the authority to extend it “for good cause shown.” A skilled attorney from Custody Queens can help craft a compelling argument for why an extension is necessary in your case.
Consult Custody Queens if You Need to Pause a Divorce or Object to a Continuance
There are situations where pausing a divorce is justified, and others where delays may be an unfair tactic by one party. Whether you’re looking to request a continuance or extension or need to block unjustified delays, the experienced team at Custody Queens is here to help. With over 300 years of combined experience, we’re ready to assist you in achieving your goals. Contact us today to schedule a confidential consultation and explore your next steps.
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