Are you unsure how a divorce can be put on hold? The divorce proceedings can be suspended for 60 to 90 days (depending on where you live) if either or both of the spouses have already filed papers for submitting a motion to abate with the court. You could postpone completing the divorce for as long as you choose if neither of you have yet filed paperwork with the court and you’re only “legally separated.”
Getting a divorce may be a difficult and drawn-out process, regardless of how long you’ve been married. Couples often hesitate before filing for divorce and consider whether it is really important or whether they might be able to save their marriage. In these situations, you might decide to hold the divorce while you sort things out. So, how long can you delay your divorce before making a choice?
To know more how Las Vegas court may grant divorce to either party read on NRS 125.120
It will be beneficial if you consider a few considerations before deciding whether or not to postpone your divorce. For instance, you may want to think about the consequences of any temporary court orders which will still be in place during this period.
Reasons for Putting Divorce on Hold
Divorce is a challenging decision that comes with a range of emotions and considerations. While many couples may move forward with divorce proceedings as soon as possible, others may choose to put their divorce on hold for a variety of reasons. Here are some of the most common reasons why couples might delay their divorce:
Trying to reconcile
One common reason why couples might put their divorce on hold is to try to reconcile. When a relationship is struggling, some couples might opt for therapy, counseling, or some time apart to work on their issues. This approach is often favored when there is still a level of love and commitment to the relationship, and couples feel that there is a chance to salvage the marriage.
Financial considerations
Financial considerations are also a significant factor in why couples might choose to delay a divorce. Divorce can be expensive, with legal fees, court costs, and child support payments adding up quickly. Couples may opt to put their divorce on hold until they are in a better financial position to navigate these expenses.
Health concerns
When one partner is dealing with a serious illness or medical condition, the other partner may feel compelled to put the divorce on hold to provide support and care. This situation can be particularly challenging, as the partner’s illness can complicate the divorce proceedings and require additional legal and financial considerations.
Religious or cultural beliefs
In some religions or cultures, divorce is not accepted or is frowned upon. In these cases, couples may choose to put their divorce on hold due to the social stigma or pressure from their community.
Family considerations
Family considerations can also be a major factor in why couples might delay their divorce. If the couple has children, they may decide to put the divorce on hold to avoid disrupting their children’s lives. They may also wait until their children are grown up and independent before moving forward with a divorce.
Legal complications
Legal complications can also lead to couples delaying their divorce. When there are complex legal issues involved in the divorce, such as property division, custody, or alimony, couples may decide to put the divorce on hold to work out the details and come to a mutually acceptable solution.
Emotional reasons
Emotional reasons can lead to couples delaying their divorce. Divorce is a major life change, and the emotional fallout can be significant. Some couples may need time to process their feelings and come to terms with the decision to end their marriage.
Legal Considerations for Delaying Divorce
If a couple is considering delaying their divorce, there are several legal considerations that they should keep in mind. The specific laws and regulations will vary depending on the jurisdiction, but here are some general points to consider:
- Property division. The longer a couple stays married, the more complicated it can become to divide their assets and liabilities. Delaying a divorce can potentially result in a more complex and time-consuming process of property division.
- Alimony. If one spouse is entitled to alimony, delaying the divorce can result in a longer period of time during which the other spouse will be required to provide financial support. To know more about alimony read on NRS 125.150.
- Child support. If there are children involved, delaying the divorce can also impact child support payments. Depending on the jurisdiction, child support calculations may be based on the income of both parents, so a delay could impact the amount of support owed.
- Custody and visitation. If the couple has children, delaying the divorce can also affect custody and visitation arrangements. The longer the divorce is delayed, the more complicated it can become to determine what is in the best interest of the children.
- Taxes. Delaying a divorce can also impact taxes. For example, if a couple is still legally married at the end of the year, they may be able to file a joint tax return, which could result in a lower tax bill.
- Statutes of limitations. In some cases, there may be statutes of limitations that could impact a couple’s ability to obtain a divorce. For example, some states have a waiting period before a divorce can be finalized, and delaying the divorce could potentially impact the ability to meet this requirement. For Nevada Statutes regarding divorce refer to NRS: CHAPTER 125
It’s important to note that there may be specific legal requirements and procedures that must be followed to delay a divorce, such as obtaining a legal separation or filing a motion to continue the divorce proceedings. It’s important to consult with a qualified family law attorney to understand the specific legal considerations and requirements for delaying a divorce in your jurisdiction.
How Does It Work and How Long Can a Divorce Be Put on Hold?
If no paperwork has been submitted to the court yet, you may take as much time as you require to consider and work for the marriage before deciding if to proceed with the divorce. You may ask the court to halt the divorce proceedings if you’ve already filed your documents.
Depending upon where you live, the divorce proceedings would be suspended following the filing of a motion to abate for a period of 60 to 90 days. At the conclusion of this time frame, you will need to submit a motion to prolong the divorce process if you want to do so.
After the hold period is over, you can ask to have it extended if you’re still not sure if you want to move forward with the divorce. Depending on whether they believe there is a good potential for reconciliation, the judge presiding on your case would then determine if to grant the extension.
Any temporary orders issued while the divorce process is ongoing will continue to be in effect during the hold period. If you both have children together, for instance, the temporary custody and visitation order will be in effect until you decide whether to file for divorce.
You will submit a voluntary application to dismiss the divorce if you decide to get back together by the conclusion of the hold period. The person who files their documentation is the only one who needs to sign the form if just one of you files paperwork with the court. You both must sign the papers, though, if you both file your paperwork with the court.
The fact that you’ll have to start the divorce procedure all over again if you decide to resolve and end the divorce proceedings completely may also be important for you to keep in mind. Also, it includes the filing cost, which you must pay once more.
Impact of Delaying Divorce on Children
Delaying divorce can have both positive and negative impacts on children, depending on the specific circumstances of the family. Here are some potential effects of delaying divorce on children:
- Increased stress and tension: If parents are staying in a conflict-ridden and unhappy marriage, delaying divorce can increase stress and tension in the household. This can be especially damaging for children, who may feel caught in the middle of their parents’ disagreements.
- Instability and uncertainty: Children may feel uncertain about the future if their parents delay divorce. They may not know if or when their parents will separate, which can create a sense of instability and insecurity.
- Parental conflict: If parents stay in an unhappy marriage, they may continue to have conflicts and arguments that can negatively impact children’s mental health and well-being. This is especially true if the parents are unable to communicate effectively or if there is a history of emotional or physical abuse.
- Delayed healing: Delaying divorce can also delay the healing process for both parents and children. If a family is living in a stressful or conflict-ridden environment, it may be difficult for everyone to process their emotions and move on from the relationship.
- Financial strain: In some cases, delaying divorce can also have financial implications for the family. If one or both parents are unhappy in the marriage but cannot afford to live separately, this can create additional stress and strain on the family.
That being said, there are also some potential positive impacts of delaying divorce. For example, if parents are able to work through their issues and improve their relationship, this can create a more stable and supportive environment for children. Additionally, if parents are able to co-parent effectively despite their differences, this can help children adjust to the changes that come with divorce. Ultimately, the impact of delaying divorce on children will depend on the specific circumstances of the family and how the parents handle the situation.
What Should You Do While The Divorce Is still on Hold?
If both you and the spouse have successfully petitioned the court to halt the divorce proceedings, you must discuss your options. It would be a great idea to speak with a marriage or couples counselor who could assist you in resolving your problems. Also, a skilled counselor can successfully mediate the challenging conversations you must have.
Consider performing some exercises together by yourself if you and your partner feel uncomfortable talking about your issues with a stranger at all. There are numerous free tools for marriage counseling available online, many of which include interactive exercises. You might be able to resolve any differences and identify workable solutions and compromises with the help of these exercises.
How Can You Attempt to Fix Your Marriage’s Problems?
No matter how difficult it may be, it will be beneficial for the two of you to be absolutely open and honest with one another about the circumstances that caused you to consider getting divorced. There won’t be any way to solve the problems in your marriage if neither of you understand what is actually affecting the other person and why.
Furthermore, while you must be given the opportunity to express your thoughts regarding the actions your spouse took that caused you to be unhappy, it is equally important to pay attention to your spouse’s sentiments. No one is perfect, and all of us make mistakes, no matter how difficult it may be to accept that. You both must take into consideration one another’s feelings without becoming hostile if you truly want to give the marriage a “fighting” chance.
Allow your partner to express their feelings without interfering. Put yourself in your partner’s shoes by paying close attention to what they are saying. It’ll also be beneficial for you to own up to your part in your marriage’s demise. Moreover, this is a great moment to address any unsolved issues that may have a detrimental impact on your marriage, like childhood traumas or hurts from previous relationships.
How can a lawyer help you with this case?
A Las Vegas divorce lawyer can provide legal guidance and representation if you are seeking to put your divorce on hold. Here are some ways a divorce lawyer can help:
- Assessing your situation. A divorce lawyer can evaluate your situation and determine if it is possible to put your divorce on hold. They can review the facts and circumstances of your case and provide guidance on the likelihood of success.
- Explaining the legal process. A divorce lawyer can explain the legal process for putting a divorce on hold and the requirements that must be met. They can help you understand the implications of delaying your divorce and the potential consequences that could arise.
- Identifying legal options. A divorce lawyer can advise you on the various legal options available to you if you want to put your divorce on hold. For example, they can help you determine if filing a motion with the court to delay the divorce proceedings is appropriate in your case.
- Representing you in court. If you need to go to court to argue your case for putting the divorce on hold, a divorce lawyer can represent you in court and advocate for your interests.
- Negotiating with the other party. If both parties are in disagreement about whether to put the divorce on hold, a divorce lawyer can help negotiate with the other party to reach a resolution.
Overall, a lawyer can provide valuable action, legal advice, support, and representation as you navigate the process of putting a divorce on hold.
Conclusion
If no paperwork has been submitted to the court yet, you can postpone your divorce for as long as you’d like, if you and your spouse would like to contemplate whether you can still preserve your marriage. After you have filed divorce papers in court, you should be able to postpone your divorce for 60 to 90 days, depending upon where you live. Additionally, if one or both parties contest the divorce or seek to delay the process, it can further prolong the proceedings. Ultimately, the best way to expedite a divorce is to work collaboratively with a qualified attorney and strive for an amicable resolution.
Considering divorce attorneys’ services at Donn W. Prokopius, Chtd. is advantageous whether a couple decides to forward with the divorce or attempts to resolve their issues amicably. If you have any questions or want to know more information, set up an appointment or consultation with us or call us at (702) 474-0500.
For more information on how https://dwp-law.com/ can help you on your Divorce, please contact us at (702) 474-0500, or visit us here:
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