Putting Your Case on Hold

At least once a month, I hear from a client that she wants to put her case on hold for a while. Sometimes the parties want to consider reconciliation, sometimes one of the spouses needs to delay a divorce in order to continue health insurance coverage, and sometimes the parties just haven't reached the closure they feel they need prior to finalizing.

Cases have their own timing, and each case has subtle nuances. As an attorney, my goal is to help my clients achieve their (legitimate and legal) goals. As a client, your job is to let me know when your goals change, and our goal together is to work toward those goals.

One issue of concern, in Virginia, is that there is a three year rule for divorces. If a divorce has been filed in the Court and is inactive for three years, the Court will dismiss it. Similarly, in North Carolina, the Courts routinely schedule status conferences to move filed cases along. If cases are not resolved, the parties in the case risk the case being dismissed.

If you are not ready to proceed with your divorce, you need to be upfront about that with your attorney. You may decide together that an active divorce case is not your best alternative at that time, and that another form of relief would be better suited for you.