How Long Can a Divorce Be Put on Hold? Pauses, Reconciliation and Legal Separation

Last reviewed: October 5, 2026. This article is general information, not legal advice. Each state and court has its own rules on pausing and dismissing cases, so check your local court rules or ask a family lawyer.

Sometimes a divorce starts and then life gets complicated: you want to try again, someone is deployed, or you simply need breathing room. It's common, and the law has several ways to handle it.

Short answer: how long can a divorce be put on hold? There's no single national limit. Judges control their calendars, so short pauses (continuances) are common when both spouses agree. Some statutes allow specific pauses, for example up to 30 days for reconciliation in California or up to 3 months in some Florida cases. But a case can't sit untouched forever: courts can dismiss idle cases. If you want a longer pause, a dismissal or a legal separation is usually the cleaner route.

The ways a divorce can be paused

1. Continuances by agreement or request

The simplest pause is asking the judge to move a hearing or trial date. If you both agree, courts often allow it. If one spouse objects, the judge decides whether there's a good reason. There's usually no fixed maximum, but judges won't let a case drift indefinitely.

2. A pause for reconciliation

Some states write a reconciliation pause into the divorce statute:

• California: up to 30 days if reconciliation is reasonably possible (Family Code § 2334, above).
• Florida: under Fla. Stat. § 61.052(2)(b), where there is a minor child or the respondent denies the marriage is irretrievably broken, the court may order counseling or "Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation."

If you reconcile for good, the next step is usually a dismissal, not an endless pause.

3. A military stay

The federal Servicemembers Civil Relief Act protects people in military service, and those within 90 days after leaving it, who have notice of a civil case. Under 50 U.S.C. § 3932(b)(1), the court "may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days". Additional stays can be requested.

4. Pausing by doing nothing (and the risk)

Some couples simply stop moving the case. That's risky. Courts can dismiss cases for lack of prosecution. California is a useful example:

• Under Code of Civil Procedure § 583.420, a court may dismiss for delay if service isn't made within two years after the case starts, or if it isn't brought to trial within three years (two years if a court rule sets that shorter period).
• Under § 583.310, an action must generally be brought to trial within five years.
• But § 583.161 protects many divorce cases: a petition can't be dismissed under these rules while there is an active child support, custody or visitation order, a spousal support order, a domestic violence restraining order, or a bifurcated issue that has been tried separately.

Other states have their own time limits and notices, so if your case has gone quiet, check whether the court has sent a notice of intended dismissal.

5. Dismissing and refiling later

If you've reconciled, dismissing the case is often cleaner than keeping it on hold. You can usually file again later if things change, though you'll pay a new filing fee and any waiting period will restart. Before dismissing, think about any temporary orders, such as support or custody, that would end with the case.

Legal separation: the long-term "hold"

If you want to live apart with clear rules but aren't ready to end the marriage, legal separation may fit. In many states it settles property, support and custody while you stay legally married, which can matter for religious reasons, health insurance or simply time to decide.

• California: the grounds for legal separation are the same as for divorce (Family Code § 2310). Under § 2345, "The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation." So if one spouse wants a divorce instead, the case can move toward divorce.
• Other states: not every state offers legal separation, and some use different names for it. Check your state's statute.

Waiting periods are not holds

Many people confuse a pause with a waiting period. California Family Code § 2339(a) says a divorce isn't final until six months after service of the summons and petition or the respondent's appearance, whichever comes first. The case keeps moving during that time. For state timelines, see how long a divorce takes in Florida, Ohio or New Jersey.

Practical steps

1. Put any agreement in writing and file it with the court if a hearing date needs to move.
2. Keep temporary orders in mind. Support and custody orders usually stay in force while a case is paused.
3. Watch your mail for court notices about dismissal or status conferences.
4. Talk to a lawyer before letting a case go quiet, especially if property or support is involved.

Sources

• California Family Code § 2334: California Legislative Information
• Florida Statutes § 61.052: Florida Legislature
• 50 U.S.C. § 3932 (Servicemembers Civil Relief Act stays): Cornell LII
• California Code of Civil Procedure § 583.420: California Legislative Information
• California Code of Civil Procedure § 583.310: California Legislative Information
• California Code of Civil Procedure § 583.161: California Legislative Information
• California Family Code § 2310: California Legislative Information
• California Family Code § 2345: California Legislative Information
• California Family Code § 2339: California Legislative Information