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Can you pause a divorce after it has started?

Can you pause a divorce after it has started?

Key Takeaways

  • To stop a divorce: In Minnesota, the Petitioner can dismiss the case unilaterally before a Counterpetition is filed. After that, both spouses must agree to dismiss.
  • To pause a divorce: Couples in Minnesota can request "Inactive Status" to put proceedings on hold for up to one year while pursuing reconciliation.
  • When it's too late: Once a Judgment and Decree is entered, the divorce is final and can only be reversed by remarriage.

A divorce is an emotional and challenging process that isn’t always predictable. Even after you’ve started the divorce process, you may decide that you want time to reconsider your decision before it’s finalized. This blog post will help you understand your options within Minnesota law when it comes to pausing, slowing down, or putting divorce on hold.

How can I stop a divorce after filing in Minnesota?

Under Minnesota law (Chapter 518), a divorce can be paused or stopped, but the process depends on your role in the case and the current stage of litigation.

If you are the petitioner (the spouse who filed)

If you filed the initial Petition for Dissolution of Marriage, you have the right to withdraw the case at any time, as long as your spouse has not responded.

  • Before a Response: You can file a "Notice of Dismissal" at the courthouse to end the case immediately.
  • After a Response: If your spouse has already filed a counterpetition, you can no longer stop the divorce alone. Both parties must sign a "Stipulation for Dismissal."

Note: if you withdraw your case, but later decide that you do want to go forward with the divorce after all, you’ll need to start the process from the beginning. For that reason, it can be a good idea to pause or slow down the divorce process if you’re having doubts, rather than dismiss it entirely.

If you are the respondent (the spouse who was served)

If you were the spouse who was served divorce papers, then you cannot unilaterally stop the process, though you can try to communicate with your spouse.

If you disagree with the terms of your divorce, your best bet is to hire a divorce attorney. They can help you fight for your rights in the divorce process — whether that’s custody of your children or a fair division of assets. 

How to put a Minnesota divorce on hold (inactive status)

If you aren't ready to end the marriage but aren't ready to dismiss the case entirely, you can place the file on inactive status for up to one year. This "freezes" the legal timeline. If no action is taken within 12 months, the court will typically close the file automatically.

If you do end up deciding to pursue a divorce, you won’t have to file new documents and pay new case filing fees, wasting additional time and money to start over at square one. 

Benefits of inactive status:

  • Financial Savings: You do not have to pay new filing fees if you decide to resume the divorce later.
  • Reconciliation Window: It provides a safe legal space to attend marriage counseling or trial separations.
  • Efficiency: If reconciliation fails, you can pick up exactly where you left off.
Option Best for Requirement
Dismissal Couples certain they want to stay married. Court filing (unilateral or joint).
Inactive status Couples who are "unsure" and want to try counseling. Mutual agreement of both spouses.

Frequently asked questions (Minnesota Divorce)

How long can a divorce be put on hold?

A Minnesota divorce case can remain on inactive status for up to one year. If no action is taken within 12 months, the court will typically close the file automatically.

When is a divorce considered “final”?

A divorce is final the moment the judge signs the Judgment and Decree and it is entered into the court record. The judgement and decree contain the final decision on all issues of the divorce case, from the division of property and debt to child custody.

At this point, the legal marriage is dissolved.

Can you reverse a finalized divorce?

No. Once the Judgment and Decree is entered, the legal process is complete. If a couple reconciles after this point, their only legal option is to remarry.

Why use a Minnesota divorce lawyer for reconciliation?

If you’re reconsidering your divorce and want to take another shot at reconciliation, a lawyer can help guide you toward the best option for you given your unique case, whether that’s putting the case on inactive status or dismissing it entirely. And if your reconciliation isn’t successful, a divorce lawyer can help resume your case and get it back on track as quickly as possible. 

For more information, you can speak to one of our experienced divorce attorneys by scheduling a free one-on-one consultation below.

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