Putting Divorce Cases on Hold or Dismissing a Divorce Case Entirely

Once a person files for divorce in Colorado, is there anyway to stop the divorce process? The short answer is absolutely, yes there is, as long as both parties are in agreement to do so.

Sometimes one or both spouses want a divorce, and so they file for one, but then decide that they would like to attempt to reconcile their marriage. It is important to note that as long as at least one of the spouses wants to move forward with the divorce process after a divorce case is filed, there is little to nothing that the other spouse can do to stop the divorce from moving forward and a divorce decree ultimately being entered in the case. However, if both parties decide that they would like to put the process on hold, or even stop the process altogether, there are fairly easy ways to do so.

First, if the parties decide that they would like to put the case on hold while they attempt to reconcile their marriage, they usually may do so. To accomplish this, the parties (or their attorneys if they have them) can file a request with the Court (usually a motion or a stipulation) that requests that the divorce proceedings be put on hold while the parties attempt to reconcile. Once the Court grants or approves the parties’ request, the case is put on hold and, oftentimes, nothing happens, usually for a period of 90 days or so. In these instances, the Court often orders the parties to provide it with a status update as to the case within 90 days or so of granting the parties request to put the case on hold. Since the case is simply put on hold, it is still open, and either party may request that the proceedings move forward again at any time.

Second, should the parties reconcile after requesting the Court to put their case on hold, or should the parties simply decide that they are certain that they both want to stay married to one another, then they can ask the Court to dismiss the divorce case completely. This is usually done by the parties or their attorneys filing a stipulation, signed by both parties, that requests the Court to dismiss the case. The Court is usually happy to approve these stipulations, as Courts encourage parties to stay together when possible, and judges love clearing their dockets.

Should you have any questions about initiating a divorce in Colorado, putting the divorce process on hold, or dismissing your divorce case altogether, please feel free to reach out to us for a free consultation. We are happy to help in any way that we can!