There are a number of valid reasons why parties to a divorce may want to put their case on hold. For example, they may be attempting a reconciliation. Whatever the purpose, there are set procedures a family court requires in a suspension of divorce proceedings. The process to suspend a divorce can be undertaken with or without the assistance of a divorce lawyer.
Negotiate a mutual agreement to put your divorce on hold. A court is not likely to suspend a divorce case if only one party seeks this type of relief.
Draft a joint motion to suspend divorce proceedings. In this motion, include the reason why you and your spouse both desire to put your divorce on hold. For example, if appropriate, advise the court that the parties are attempting a reconciliation.
File the joint motion to suspend divorce proceedings with the clerk of the court.
Deliver a copy of the motion to suspend divorce proceedings to the judge's chambers. Because of the nature of the action, the judge is likely to grant the motion without the need for a formal hearing.
Obtain the order from the judge suspending the divorce proceedings for your records. Note that the order contains a date on which the parties need to report the status of the case to the court. At this time one of three courses are taken: the suspension of the proceedings is continued for another set period of time; the proceedings commence again, or the court dismisses the case. You cannot put your divorce on hold indefinitely.
- Cornell Law School: Divorce Overview
- "Essential Guide to Divorce"; Emily Doskow; 2008
- "The Divorce Organizer & Planner"; Brette Sember; 2004