Can We Pause the Divorce Process if We are Not Sure?

Are you in the middle of the divorce process in Florida? It can be stressful, frustrating, and confusing. A lot of issues can arise as you try to navigate a divorce. There are many reasons why you may want to pause the process, including re-considering whether or not you want to get divorced at all. If your divorce has not yet been finalized there are generally some options for taking a step back and slowing things down. Here, our Boca Raton divorce attorney provides an overview of the key things to know about “pausing” the divorce process in Florida.

You Can Ask the Court to Stay Proceedings Temporarily

First and foremost, it is important to emphasize that you can pause an ongoing divorce. If both spouses want to pause but not fully dismiss the case, they can ask the court for a temporary stay. Florida judges have broad discretion to grant short pauses when there is good cause. Some reasons for a temporary stay include:

• Reconciliation efforts;
• Financial evaluations;
• New negotiations;
• Health problems; and
• Scheduling conflicts.

A stay stops deadlines and hearings but keeps the case open. Neither spouse loses access to the court, and no one has to re-file the divorce later on. To request a stay, a spouse files a motion stating why a pause is necessary. Judges evaluate the length of the requested pause, the parties’ cooperation, and any risks created by delay.

You Can Voluntarily Dismiss a Pending Divorce Petition

Florida law allows a petitioner to voluntarily dismiss a divorce case before the court enters a final judgment. The rule is governed by Florida Family Law Rule of Procedure 12.420. If only one spouse filed the petition, that spouse can file a notice of voluntary dismissal. The case closes, and the parties return to their pre-filing legal position. A new petition can be filed later if needed.

A voluntary dismissal works when both spouses want to take a break or reconsider the future of the marriage. To be clear, in Florida courts do not require an explanation. The dismissal removes all scheduled hearings and deadlines. Couples often use this option when they want to pursue counseling, negotiate informally, or simply give themselves space before making final decisions. 

Note: Even without a dismissal or formal stay, parties can slow the pace of a divorce through agreed scheduling changes. Florida courts permit extensions for discovery, financial disclosure, mediation, and hearing dates when both parties consent. Extensions give spouses time to review documents, evaluate assets, or explore reconciliation. 

Contact Our Boca Raton, FL Divorce Attorney Today

At the Law Office of Gale H. Moore P.A., our Boca Raton divorce lawyer is skilled, knowledgeable, and experienced. If you have any questions about putting the divorce process on hold, we can help.   Contact us today for a fully confidential, no obligation initial consultation. With an office in Boca Raton, we provide divorce representation throughout the region.

Source:

flcourts-media.flcourts.gov/content/download/217912/file/Family-Law-Rules-of-Procedure.pdf