How Long Can a Divorce Be Put on Hold? Motions, Abatements & Limits
A divorce can typically be put on hold for 30 to 90 days through a formal Motion for Abatement or Reconciliation Stay, though extended holds lasting 6 months to over a year can occur in complex situations involving military deployment, pregnancy, or pending financial appraisals. However, courts will not allow a contested divorce case to remain inactive indefinitely; unprosecuted cases are eventually dismissed without prejudice by the presiding judge.
Legal Mechanisms for Placing a Divorce on Hold
Spouses undergoing divorce proceedings may encounter unforeseen personal, financial, or emotional developments that require pausing active litigation. Family courts provide structured procedural mechanisms to temporarily freeze deadlines, discovery requests, and hearing schedules.
The duration and approval of a divorce hold depend on whether both spouses consent to the pause and the specific legal justification presented to the family court judge.
| Legal Mechanism | Typical Hold Duration | Requires Mutual Consent? | Primary Legal Purpose |
|---|---|---|---|
| Motion for Abatement (Reconciliation) | 30 to 90 Days | YES (Both spouses agree) | Allows couple to attend marriage counseling without litigation pressure |
| Motion for Stay of Proceedings | 60 to 180 Days | NO (Judge decides on motion) | Pauses case during complex asset audits, criminal trials, or medical treatment |
| Servicemembers Civil Relief Act (SCRA) | 90 Days to Full Deployment Duration | NO (Federal statutory right) | Protects active-duty military personnel deployed overseas from default judgments |
| Pregnancy Stay of Divorce | Until Childbirth & Paternity Established | Statutory in select states (TX, CA, FL) | Ensures child support, custody, and parental rights are adjudicated simultaneously |
Reconciliation Abatements vs. Formal Case Dismissals
When spouses agree to attempt reconciliation, filing a Motion for Abatement pauses the judicial clock while keeping all filed petitions, preliminary injunctions, and temporary financial support orders active. If reconciliation succeeds, the parties submit a formal Motion for Voluntary Dismissal to close the case completely.
If reconciliation fails during the abatement window, either party can file a simple Motion to Reactivate or Reopen the case, picking up litigation exactly where it was frozen without having to repay court filing fees or reserve original summons documents.
| Divorce Hold Factor | Formal Case Abatement (On Hold) | Voluntary Case Dismissal |
|---|---|---|
| Active Status in Court System | Case remains open on administrative docket | Case is officially closed and terminated |
| Temporary Support & Custody Orders | Remain in full legal effect and enforceable | Automatically vacated and nullified |
| Cost to Resume Litigation | Minimal attorney motion fee ($150 - $400) | Full new filing fee ($200 - $500) + complete re-filing |
| Maximum Inactivity Window | 90 to 180 Days before judicial review | Permanent until a new divorce petition is filed |
Court Inactivity Warnings (Dismissal for Want of Prosecution)
If parties allow a divorce case to sit dormant without an active stay or abatement order on file, court administration systems will generate a formal Notice of Dismissal for Want of Prosecution (DWOP). Judges typically review inactive dockets every 6 to 12 months, requiring counsel to show good cause why the case should not be dismissed.
How to Place a Divorce on Hold for Reconciliation in 4 Steps
Procedures for filing an agreed motion for abatement.
Step 1: Reach Written Agreement with Your Spouse on Pausing the Case
Confirm that both spouses agree to explore counseling or pause negotiations for a defined period.
Step 2: Have Counsel Draft a Joint Motion for Abatement
Specify the requested duration (typically 60 to 90 days) and state the purpose as marital reconciliation.
Step 3: Submit Proposed Agreed Order of Abatement for Judge's Signature
File the motion with the court clerk; judges routinely sign agreed reconciliation orders without a hearing.
Step 4: Monitor Inactivity Expiration Dates
Before the 90-day window expires, file a motion to dismiss if reconciled, or a motion to resume litigation if divorce continues.
Frequently Asked Questions (8 Questions Answered)
Q1: Can one spouse put a divorce on hold without the other's consent?
Generally no, unless there are statutory grounds such as active military deployment under the SCRA, serious medical incapacity, or an ongoing bankruptcy stay.
Q2: What happens to temporary child support during a divorce hold?
Temporary support and custody orders remain fully enforceable and legally binding during an abatement or stay unless specifically modified by the judge.
Q3: How long can a divorce case stay inactive before the court dismisses it?
Most family courts will issue a dismissal warning for lack of prosecution if no activity occurs on the docket for 6 to 12 consecutive months.
Q4: Can you date other people while a divorce is on hold?
While legally possible, dating third parties during an active divorce hold can complicate asset division, alimony negotiations, and child custody assessments.
Q5: Can a divorce be put on hold due to pregnancy?
Yes, several states (including Texas and California) pause final divorce decrees until after the baby is born to establish legal paternity and child support in the final decree.
Q6: How do you restart a divorce that was put on hold?
Your attorney files a simple Motion to Reactivate or Motion to Lift Abatement, which places the case back on the court's active scheduling calendar.
Q7: Does putting a divorce on hold cost extra money?
Attorneys charge minor drafting and filing fees for the motion ($150 to $400), which is far less expensive than dismissing and re-filing a new petition.
Q8: What is a military stay under the SCRA?
The Servicemembers Civil Relief Act grants active-duty military personnel an automatic 90-day stay of civil court proceedings upon request when deployment impairs court participation.
Final Thoughts & Key Takeaways
In conclusion, understanding how long can a divorce be put on hold? motions, abatements & limits provides essential clarity, practical strategies, and actionable advice. By incorporating these foundational insights, adhering to verified safety guidelines, and following structured best practices, you ensure reliable, long-term outcomes while preventing common mistakes. Stay informed, consult certified professionals when needed, and maintain consistent quality care.