Life is unpredictable, and there may be a variety of reasons that you want to put a hold on your divorce proceedings in California. So what are your options for doing so legally? And how long can the hold last?

The answers depend on where you are in the process and your reasons for wanting to put the divorce proceedings on hold. Your divorce attorney can explain the options that make the most sense in your situation, but here are some general strategies to consider.

One Party May Ask the Court for a Continuance

Putting a legal proceeding like divorce on hold requires specific legal action. If you just refuse to comply with requirements or fail to show up for court, there will be negative consequences that you don’t need. However, you can have your attorney ask the court if the matter may be put on hold by filing a motion for continuance.

Filing the motion is putting in a request, and the court has the discretion to grant or deny the request. Therefore, you need to be sure your attorney includes compelling reasons for your request. If the court believes a request for continuance is being made to delay the case unnecessarily, the request is likely to be denied.

A continuance usually puts the case on hold for 30 days, but a longer hold can be granted if justified. Holds of 45 or 90 days are not unusual. It may be possible to request additional continuances later but you will need to submit a separate motion with justification each time.

Justifications for a Continuance in California

According to Rule 3.1332 of the California Rules of Court, to alter or slow the course of justice through a continuance, you need to present a valid reason. Otherwise, the court may assume that you are using the continuance as a way to frustrate the other spouse and drive up their divorce costs. An experienced attorney will understand the reasons the court will find persuasive and those that may be considered frivolous.

Reconciliation

One of the most common reasons for requesting a continuance—and one that is also likely to be granted—is that both spouses are trying to reconcile and stay married. If the judge believes there is a chance you will reconcile, then the court will grant a continuance.

At the end of the 30 day hold, if you have decided to stay married, then the party that first filed for divorce should file a request for dismissal and then will end the divorce process. If you did not reconcile, then either party can file a motion to remove the hold and continue with the divorce proceedings.

Change in Status of the Case

The rules provide for a continuance if there is a “significant, unanticipated change in the status of the case.” For instance, if both spouses agreed on a number of issues and one spouse suddenly changes their mind, the other spouse may be granted a continuance to give them time to prepare to adjudicate the issue.

Illness or Death

If either spouse has a medical problem, that can serve as grounds for a continuance. Similarly, if either spouse’s attorney is unable to work on the case or appear in court for medical reasons, then the court is likely to grant a motion for continuance. In addition, if a spouse needs to hire a new attorney due to the medical problem or another issue, the court may grant a continuance to give the new legal counsel time to get up to speed on the case.

Extension of the Waiting Period

Another method of putting a divorce on hold in California would be to ask the court to extend the six-month waiting period that is required before a divorce can be finalized. While the law does not provide a method for shortening the waiting period, Section 2339(b) of the California Family Code grants courts the authority to extend the six-month period “for good cause shown” As with the motion for a continuance, an experienced attorney can work to present a request to the court that demonstrates persuasive and compelling reasons while the waiting period should be extended in a particular case.

Talk to Holstrom, Block & Parke APLC to if You Want to Put a Divorce on Hold or Object to a Continuance

In some cases, a hold on the divorce process is justified while in other situations, one party tries to use the legal process to harass the other by delaying the proceedings. Whether you want to request a continuance or extension or you want to block maneuvers you believe are unjustified, the experienced team at Holstrom, Block & Parke, APLC is ready to put 300+ years of collective experience to work to achieve your goals. Contact us today to schedule a confidential consultation and learn your next steps.