The holiday season can be delightful and stressful at the same time, especially when family is involved. For couples that are separated and going through a divorce, it’s not unusual to want to put the divorce on hold during the holidays. However, at some point, you will have to decide whether to continue with the divorce process or end the divorce proceedings.
– On the positive end of the spectrum, perhaps a family tradition or a good outing with your separated spouse turned into hope that the marriage could be saved. Now that the calendar has turned to 2022, you may be wondering how long a divorce can be put on hold in Texas as you go through counseling in pursuit of marriage reconciliation.
– In another scenario, perhaps you anticipated a very busy and frantic holiday season, so you and your separated spouse agreed to put the divorce on hold because you wouldn’t have time and energy to focus on the legal divorce process.
Now that you have cleared through the holidays, you are firmly prepared to resume the divorce process, but you want to make sure that you do not have to start over. I’ll further explain how this works to help answer your question.
Length of Time a Divorce Can Be Put on Hold
While there is no established Texas law regarding how long a divorce can be paused, there are some legal aspects to consider to make sure that your divorce petition does not expire.
From beginning to end, the entire divorce process in Texas typically takes several months, depending on factors such as how many assets need to be divided, whether children are involved, the availability of court dates in your county, and other special situations.
You and your separated pause can slow down or “pause” proceedings during this time while you reconsider the divorce or experience a very busy season, which is typical during the holidays.
However, at some point, the family law court in your county will notice that there has not been recent activity in your case. They do not want to have cases “sitting on the sidelines” for months at a time because it clutters up the court docket.
You will likely be contacted by the court to inquire as to whether you wish to dismiss the divorce case. The court may also warn you that the divorce case could be dismissed due to inactivity. You will then have a stated period of time (typically 30 days) to respond to the court. If you don’t respond, then the case could be subject to dismissal.
Then, if you decide at a later time to re-pursue divorce, you would have to re-file an original petition for divorce and start the process all over again. This can be avoided by working with an experienced family law attorney.
How to Avoid Starting Over with a Divorce in Texas
When you work with my law firm, I will help you meet key dates throughout the entire divorce process. If you and your separated spouse decide at some point in the timeline that you need to take a break from the divorce, then I will ensure that all legal issues are addressed.
Perhaps you plan to pursue marriage reconciliation, you need to reset priorities during a busy season, or there is another extenuating circumstance that you need to work through. Regardless, I’m here to help.
I’ll stay in contact with you to check on the status of your divorce, help you file any necessary responses to court inquiries, and help you ultimately decide from a legal perspective whether to continue with the divorce or file a motion to dismiss the case.
My goal is to help you avoid a situation where you have to re-file for divorce. This way, you do not have to incur additional filing fees, and you don’t have to waste time going all the way back to the beginning of the process if and when you are ready to resume the divorce.
As an expert in family law, I will help you arrive at the best possible position for your divorce case. I have helped countless families in Fort Bend County, Brazoria County, and Harris County navigate the divorce process.
If you live in one of these Texas counties, then talk to me about your next steps for putting a divorce on hold or resuming a divorce that has been on hold. Call my offices at 281-944-5485 or 979-267-7660 to discuss your divorce and understand your legal options. I am here to help.