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Divorce proceedings can be challenging both emotionally and legally, and they often continue to move forward relentlessly once they begin. However, in certain situations, it might be necessary to hit the pause button for personal reflection, reconciliation attempts, or to deal with unforeseen circumstances that could impact the outcome. This blog discusses various legal mechanisms available, such as stays and continuances, that can temporarily halt the process. They provide couples with time to address specific issues or explore possible reconciliation before moving forward with the divorce proceedings.
Understanding the Need to Pause Divorce Proceedings
During a divorce, various circumstances might lead to a need for pausing the proceedings:
- Reconciliation Opportunities: Taking a break allows couples space for counseling or therapy, potentially resolving issues without completing the divorce.
- Significant Life Events: Issues like illness, financial crises, or changes in employment can necessitate a focus shift, requiring a temporary pause to manage these challenges effectively.
- Legal and Regulatory Changes: Pausing can align the divorce outcomes with impending changes in laws or regulations that may influence settlements or custody decisions.
Pausing the divorce process allows all parties to handle personal and legal matters more comfortably without the continuous pressure of ongoing proceedings. This strategic decision can crucially influence both personal and financial well-being.
Legal Mechanisms to Pause Divorce Proceedings
In Virginia and Maryland, two primary legal tools are available to couples seeking to pause their divorce proceedings:
- Stay: A stay is a legal order that suspends all legal proceedings, effectively putting a freeze on actions until a specified condition is met or until the court lifts the stay. This is often used in cases where there are pending decisions in related matters, such as criminal cases or significant financial audits that could impact the divorce outcomes.
- Continuance: A continuance is a request to postpone scheduled court proceedings to a later date. This is frequently granted for reasons such as needing more time to gather evidence, secure expert testimony, or accommodate personal emergencies that affect one’s ability to proceed as planned.
To obtain either a stay or a continuance, one must file a motion detailing the reasons for the request, supported by relevant evidence or documentation.
The process of filing for these pauses varies slightly between Virginia and Maryland, with each state having its procedural nuances. Understanding these distinctions is important, as improper filings can lead to delays or denials, exacerbating the stress and cost of divorce proceedings.
Impact of Pausing on the Divorce Process
Pausing divorce proceedings through mechanisms like stays or continuances can have mixed effects on the process and the parties involved. On the positive side, a pause can provide essential breathing room for couples to explore reconciliation or to deal with personal or financial issues without the immediate pressures of ongoing litigation. This can lead to more thoughtful and mutually agreeable decisions, potentially even salvaging the relationship or resulting in a more amicable split.
However, there are drawbacks to consider. Pausing can prolong the emotional and financial strain of divorce. The extended timeline may increase legal fees and can keep both parties in a state of uncertainty, which can be particularly challenging when children are involved. Moreover, delays can complicate financial divisions, especially if the value of shared assets changes significantly during the pause. It’s essential for those considering a pause to weigh these potential benefits and challenges carefully.
Contact an Experienced Divorce Attorney
Randall J. Borden provides thoughtful guidance on pausing divorce proceedings. If you’re considering a temporary halt in your divorce, contact us to discuss how these legal tools can be tailored to your unique situation. Let’s work together to find the best path forward for you.