How Long Can a Divorce Be Put On Hold In Texas?

Facing a divorce is tough. We know you want to slow it down, think it over and wonder how long can a divorce be put on hold. You may even hope to step back without actually having to make the final decision.

One spouse wants the divorce, the other doesn’t. In Texas you can’t stop the divorce process altogether, but you can use delay tactics or ask for temporary orders that slow it down. The question of “how long can a divorce be put on hold?” comes up a lot in divorce consultations.

How Long Can a Divorce Be Put On Hold: Texas Divorce Process

Once you’ve filed for divorce in Texas, there are some rules that apply. Getting a divorce in Texas starts with filing the divorce papers and paying the filing fee, but legal complications such as property division and child custody can arise. One of the biggest part is giving the other spouse their papers, formally starting the court process. Once they’ve been served, the clock starts ticking on certain timelines in the legal system.

Texas Divorce Process

Navigating the divorce process can be overwhelming especially if it’s your first time in the legal system. The process usually starts with filing a divorce petition, a critical legal document that outlines the grounds for divorce and the relief you’re seeking. This petition is then served on the other spouse who has a certain amount of time to respond. Understanding each stage of the divorce process is key to making informed decisions and avoiding costly mistakes. The process can be long and involved, with multiple court appearances, negotiations and mediation. Being informed about the divorce process helps you navigate the legal system better and protect your rights throughout the process.

Serving Divorce Papers

Giving the other spouse proper notice is crucial. It can affect what happens next in the divorce proceedings. Sometimes, the spouse who wants the divorce has filed papers but hasn’t completed this step for months. This can happen if one spouse refuses to sign the necessary paperwork, causing delays in the process.

There are several reasons for delaying proper service:

• Waiting for a better financial state

• Trying to work out a divorce settlement agreement informally

However, delaying service can also delay the start of the divorce process. This can push back when the divorce hearing or trial date can be set. It’s important to understand these steps to avoid unnecessary delays.

Responding to Divorce Papers

Receiving divorce papers can be overwhelming but it’s crucial to respond promptly and correctly. The divorce papers will include a summons, a complaint and other supporting documents. The summons will specify the deadline to respond, usually within 20-30 days. Failing to respond within this timeframe can result in a default judgment where the court grants the divorce without considering your interests or rights. To avoid this you must respond to the divorce papers within the time frame. If you’re unsure how to proceed you can consult with a divorce lawyer or legal counsel to get the guidance you need to protect your rights and interests during the divorce process.

Texas Waiting Period

Texas requires 60 days after you filed your divorce and served properly before you can go to court. During this time couples may consider marriage counseling to address their issues and potentially reconcile. This 60 day mandatory waiting period exists because courts want both parties to step back and reflect, possibly seek counseling or decide if their choices are final. So you are waiting but technically the other party’s answers are required much earlier. In cases of family violence there may be good cause to expedite or modify how long one must wait before a divorce decree is granted.

How Long Can a Divorce Be Put On Hold In Texas?

A divorce petition itself doesn’t expire but your case can be taken off the court’s docket for inaction. How long a divorce can be put on hold in Texas varies: some people use delay tactics by not setting a court date or ignoring paperwork. Others may ask the court for temporary orders that keep the status quo especially when minor children or financial issues are involved.

Pausing a divorce usually requires that both you and your spouse agree to do so. We need to distinguish pausing a divorce from completely ignoring the legal process. Ignoring court orders or not responding can hurt your position while asking for a pause or continuance in good faith is part of the legal options you have.

The Consequences of Ignoring a Divorce Case

Deciding to ignore the case can lead to a default result against the uncooperative spouse. This default judgment means the judge decides everything without your participation. You could lose essential property rights or face more financial support liability. These are important decisions with long-term effects, so it’s rarely a good idea to ignore filings.

Child Custody and Support

Child custody and support are among the most important issues in divorce cases, as the court’s primary concern is the best interest of the child. Various factors such as the child’s age, health and well being and each parent’s ability to provide a stable and loving environment are considered when making decisions about child custody and support. These issues can be complex and contentious so it’s important to understand the legal process and what the court will consider. Engaging a divorce lawyer or legal counsel can provide the necessary guidance and representation to protect your rights and interests and ensure any child custody arrangement truly supports the child’s best interests.

Child Custody

Child custody matters can move much faster than a divorce. Texas gives judges the power to order parents as needed for the children’s support. This might give parents time to consider staying together or figuring out what arrangement is in the child’s best interests.

You keep your legal footing through temporary orders but a divorce isn’t final until several steps are completed often involving child support or custody for minor children. If you wait too long to move forward the court could schedule a divorce hearing on its own timeframe.

Voluntarily Dismissing a Divorce

One way to pause a divorce is to ask the judge to voluntarily dismiss it. Only the filing spouse (the one who filed the divorce petition) has the legal power to stop the court case with the judge’s official decree. Note that this won’t happen if your spouse has any counterclaims such as their own divorce decree request.

If they want the divorce and you don’t, your dismissal request might be denied. Once a final divorce decree is signed dismissal is no longer an option.

Restarting a Dismissed Divorce Case

You would start again by filing the original lawsuit, paying new filing fees and restarting the legal process from scratch. All the original time periods would then begin again at a later date. Remember you can only dismiss a case before any final signed decision. Courts have strict standards for creating and approving orders.

Why Delay a Divorce Case

Families may choose to delay a divorce for several reasons. These reasons can be emotional, financial, or related to children. Legal complications like property division and child custody can also play a role.

Here are some key reasons to delay a divorce:

• Time for Reflection: Taking extra time can help families decide if divorce is the right choice.

• Legal Complications: Property and custody issues can influence the decision to delay.

• Child-Related Concerns: Ensuring that child custody arrangements support the child’s best interests is crucial.

Slowing down a divorce can be complex. It impacts legal matters like property, taxes, and children. However, this extra time can lead to a more amicable divorce settlement agreement.

Emotional and Practical Considerations

Emotional stress plays a role in family law outcomes. Many couples use therapy to preserve the family unit for as long as possible. Sometimes they stay together a bit longer for the image of a complete family during the holidays. This is one of the most common reasons for delaying the final steps of a divorce.

Financial Factors

Property splits such as dividing money related matters are central to the legal process. This can affect each person’s ability to start a new life after divorce. Resolving financial disputes thoroughly can lead to a smoother outcome and might create a path to an uncontested divorce.

Spousal support and spousal maintenance also arise during divorce and affects the entire timing of the case. Negotiating for a longer period can save money since trial date appearances often lead to added legal fees.

Impact on Child Custody Arrangements and Financial Matters

When minor children are involved parents will need to have extensive discussions about financial support and custody. Courts often push for mutual agreements as judges don’t want to impose outcomes if a settlement is possible.

For couples with large community assets a divorce settlement agreement may require complex valuations. Agreeing on how to divide property can lower costs and reduce the number of court proceedings. In some cases a continuance granted for good cause will let families negotiate longer and potentially avoid conflict.

Revealing Statistics

Below are some notable findings that illustrate several aspects of divorce in the United States and Texas:

• In 2020, the divorce rate in the United States was 2.3 per 1,000 population, according to the Centers for Disease Control and Prevention (CDC). (Source)

• Child custody disputes are among the leading causes of protracted divorce cases, as noted by the Texas Judicial Branch, which stresses putting the child’s best interests first. (Source)

• According to the Texas State Law Library, filing fees for divorce vary significantly by county and can influence how quickly couples choose to proceed. (Source)

Examples

Situation: Delay Tactics with an Uncooperative Spouse

Imagine a spouse who doesn’t respond to the court date, doesn’t cooperate with paperwork and uses delay tactics. While this will slow down the process for a short time, if the spouse continues to ignore court orders it can result in a default judgment. Ignoring a divorce can lead to unfavorable results and a divorce decree that doesn’t reflect your wishes.

Real Example: Waiving the 60-Day Waiting Period for Family Violence

Under Texas Family Code Section 6.702, a court can waive the 60-day waiting period if there is evidence of family violence. (Source)
A spouse who files under this condition may ask for a faster trial date to protect themselves or minor children, showing the legal system’s flexibility when safety is at risk.

Legal Representation During Divorce

Having an attorney early on will educate you on court orders and legal options that apply. Knowing your situation will strengthen your position in negotiations or complex matters. An experienced attorney will also clarify the tough decisions, such as whether to continue or delay the divorce.

Cases may take longer but can yield better results if you have a plan. When you meet with divorce attorneys for a free consultation, they can discuss short-term solutions like temporary orders and long-term goals towards a final divorce decree.

Role of a Family Lawyer

We help with the common reasons for divorces to drag on: property disputes, child custody issues or spousal support questions. So, we can speak for you in court and guide you through legal options, including whether to delay or reschedule the court date if needed.

We help if spouses are rethinking divorce or want to slow down the process to make informed decisions. This can protect minor children and ensure any custody arrangement is in the child’s best interest.

What is the Longest Time a Divorce Can Take?

There isn’t a strict time limit, especially if you have property or child-related orders needing thorough discussion or if a judge grants continuances for good cause. Long delays affect how long a case stays active, particularly when complex financial disputes or other factors require negotiation. Courts can set a trial date if too much time passes without progress, keeping matters moving in the legal system.

A break often has court support if both spouses agree to try reconciling or need time to finalize details, although an indefinite delay is subject to scrutiny. If a court hearing or a divorce decree is postponed repeatedly, the judge may question whether it helps the child’s best interests or simply stalls the process.

What Does It Mean to Pause a Divorce?

Pausing a divorce involves using valid methods—such as asking for temporary orders, a continuance, or an abatement—to slow standard court proceedings. Many people consider this option after a free consultation with divorce attorneys if they think a resolution is possible or if they need additional time to ensure they’re making the right decision. By following the proper steps, you can leave the door open to finalize a divorce decree later, rather than rushing into a resolution that might not serve everyone’s best interests.

FAQs About How Long Can a Divorce Be Put on Hold

Conclusion

Knowing your options is key when deciding whether to delay a divorce. It’s important to clarify your family’s goals and ensure you’re making the right decision about moving forward or pausing the process. Some couples slow things down by requesting temporary orders or working together informally, while others seek legal guidance on an uncontested divorce.

Speaking with an experienced divorce attorney can help you understand your options and make informed choices without rushing into final court orders. Our attorneys at Warren & Migliaccio are here to provide the guidance you need. We can discuss your situation, answer your legal questions, and help you navigate the best path forward. Call us at (888) 584-9614 or contact us online to start the conversation today.