How Long to Suspend Divorce in Florida?

Want to hit pause on your Florida divorce? You can request a court stay, and Florida does not set a fixed limit. Judges often grant holds for a few months if both spouses agree or show good cause. This article will explain the exact steps, required agreements, and tips to avoid delays and protect your rights.

Florida’s 10-Month Inactivity Limit

When you file for divorce in Florida, the court expects you to keep moving. If you stop all actions for 10 months, the judge can close your case. This rule helps courts avoid old, forgotten files.

So, how long can a divorce be put on hold in Florida? The short answer is about 10 months of no activity. After that, your case may be dismissed without a final judgment. You would then need to file again and pay fees once more.

Key point: The 10-month clock starts from the last time you or your lawyer filed something with the court. Simply emailing your spouse does not count as activity.

• File a motion or request
• Attend a scheduled hearing
• Submit required financial papers

If you need a break, you can ask the judge for a continuance, but that is still a filed request. Keeping a small step going saves your case.

Florida law says a case can be dismissed if no action is taken for 10 months.

What Happens After 10 Months?

If your case is dismissed, you lose the original filing date. This can matter for things like property division. The table below shows a simple timeline for a divorce case in Florida.

To avoid this, mark your calendar. Set a reminder every 3 months to check with your lawyer. If you settle with your spouse, file the agreement before the 10-month mark.

Many people think a divorce pause is safe for a year. It is not in Florida. Keep a small step going, like a status report, to stay alive. That simple habit saves time and money.

Spousal Agreements to Pause a Florida Divorce

When a couple wants to stop their divorce in Florida, they can sign a spousal agreement to pause the case. Both spouses must agree to put the proceedings on hold. This written request is often called a stipulation to abate. The court usually honors the wish of both parties.

Florida law does not set a strict deadline for how long a divorce can be paused by agreement. The judge will look at the request and decide if the break is fair. Many couples pause for a few months to try counseling or sort out money matters. Some pauses last over a year if both keep agreeing.

“Most Florida judges will pause a divorce as long as both spouses ask together and show good reason.”

What to Put in Your Pause Agreement

A good agreement should list the pause length and what each person will do during the break. Keep it simple so the court can read it fast.

• Name of both spouses and case number
• Exact date the pause should end
• Reason for the hold, like counseling or money talk
• Plan to tell the court if they change their mind

For example, a couple in Orlando signed a 90-day pause to attend marriage classes. They filed the form, and the judge stopped the clock. After 90 days, they asked for 60 more days and got it.

Remember, a spousal agreement to pause is not final. If one spouse withdraws, the divorce moves forward. Always check with the clerk to file the paper correctly and keep a copy for your records.

Military Stays Under SCRA

If you are in the military and your spouse files for divorce in Florida, the law can pause the case. The Servicemembers Civil Relief Act (SCRA) lets active duty members ask the court to put a divorce on hold. This helps service members focus on their duties without worrying about court dates.

So, how long can a divorce be put on hold in Florida under this rule? Usually, the stay lasts for the full time the person is on active duty, plus 60 days after leaving service. A judge can also extend the pause longer if the military duty truly hurts the person’s ability to take part in the case.

How the Stay Works in Practice

A Florida judge will look at the service member’s request and check if active duty makes it hard to respond. The person must send a letter or form to the court. If the judge agrees, the divorce freeze starts right away.

The SCRA gives a default protection of 60 days after service ends, but courts can do more.

To ask for a stay, follow these simple steps:

• Get a copy of your active duty orders.
• Fill out the SCRA stay request form for the court.
• Send it to the clerk before your hearing date.

Here is a simple look at common timelines:

Remember, the stay is not automatic in every case. The service member must ask for it. A spouse can also show that the delay causes major harm, and the judge might limit the pause.

Brief Court Continuances in Florida Divorces

When you file for divorce in Florida, the court may pause your case for a short time. This pause is called a continuance. A judge can put your divorce on hold for a few weeks or a couple of months if both sides need more time.

Most brief continuances last about 30 to 90 days. The law does not give one fixed limit, but judges try to keep things moving. If you ask for a continuance, you must show a good reason like missing papers or a chance to settle.

A Florida judge can delay a divorce hearing to help families sort out facts.

Common reasons for a short delay include waiting for financial records or a parent being out of town. Here are a few examples:

• Medical emergency of a party
• Need to hire a new lawyer
• Extra time to complete mediation

Typical Continuance Lengths by County

The table below shows sample hold times from Florida courts. These are brief pauses, not final endings.

Remember, a brief continuance is not a permanent stop. Your case will resume on the new date. If you need more time, you can ask again, but the judge may say no after many delays.

Reconciliation Hold Options

If you file for divorce in Florida but then want to try again with your spouse, you can ask the court to pause the case. This is called a reconciliation hold. The judge can stop the divorce for a short time so you both can work on your marriage. Most Florida judges will allow a hold of about 60 to 90 days, but some will let it go up to six months if both people agree.

There is no fixed law that says the exact maximum time. Each county and each judge may do things a bit differently. In many cases, couples use a written agreement to show they want the break. This keeps the court from closing the file and helps you avoid starting over later.

“A Florida judge can pause your divorce for a few months so you and your spouse can try to fix the marriage.”

One easy way to start is to file a motion to suspend the case. You can also ask your lawyer to send a letter to the court. Keep a copy of any agreement you sign with your spouse.

Common Hold Lengths in Florida

Below is a simple table that shows typical wait times granted by courts across the state. These numbers come from common practice, not a strict rule.

If you need more time, you can ask for another extension before the first hold ends. The court will check if both of you still want to try. If one person changes their mind, the divorce will move forward again.

Remember to use plain language in your request. Write down why you want the hold and how you plan to use the time. This helps the judge say yes and keeps your case safe.

Reinstating a Dismissed Case

After a divorce matter in Florida has been dismissed, the ability to put the case back on the court docket hinges on whether the dismissal was entered with or without prejudice. A voluntary dismissal or a dismissal without prejudice permits the filing spouse to commence a new dissolution action, while a dismissal with prejudice generally requires a formal motion to vacate or reinstate under limited circumstances.

For cases terminated for lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e), a party may petition the court to reinstate the action by showing good cause and a reasonable excuse for the period of inactivity. The presiding judge evaluates factors such as diligence, prejudice to the other party, and the overall interest of justice before granting relief.

Reference Sources

Consulting official and informational resources helps clarify local procedures and deadlines for reinstatement motions in family law matters. Accurate guidance from state agencies and legal publishers ensures compliance with current rules.

1. Florida Courts
2. The Florida Bar
3. Nolo