Filing for divorce is one of the most significant decisions a person can make. But life is complicated, and sometimes after the paperwork is submitted, circumstances change — and you may find yourself wondering whether it is possible to slow things down or stop the process entirely. Whether you are having second thoughts, hoping for reconciliation, or simply need more time to sort through the details, you are not alone in asking this question. Understanding how divorce works in South Carolina can help you make decisions that are right for you and your family.
If you have questions about your divorce case right now and don't want to wait, call us at (843) 891-6100 or reach out through our online contact form — we are here to help.
What Happens After You File for Divorce in South Carolina?
When one spouse files for divorce in South Carolina, they submit a document called a Summons and Complaint to the family court. Once this is filed, the other spouse must be formally notified, which is known as being "served." From that point, the divorce case is officially open and moving through the court system.
It is important to understand that once a case is filed, the court retains what is called "jurisdiction" — meaning it has the legal authority to oversee and make decisions about the case. This does not mean you have lost all control, but it does mean that certain steps must be taken if you want to pause or stop the process.
South Carolina also has a mandatory waiting period for divorce. If both spouses agree on the divorce and all issues involved, the couple must live apart for at least one year before a no-fault divorce can be finalized. This built-in timeline sometimes gives couples an opportunity to reconsider before things are fully resolved.
Can You Put a Divorce on Hold?
Yes, in many situations, it is possible to pause or slow down a divorce. How you do that depends on where the case stands and whether both spouses are on the same page.
Voluntary Dismissal
If you are the spouse who filed for divorce and you want to stop the process, you may be able to file a voluntary dismissal. This is essentially a formal request to withdraw your case from the court. In South Carolina, you can generally do this without the other spouse's agreement, as long as the other party has not yet filed a formal response (called an "Answer") to your complaint.
Once the other spouse has responded, withdrawing the case typically requires either mutual agreement or the court's approval. A family law attorney can help you understand exactly where your case stands and what your options are.
Agreement Between Both Spouses
When both spouses want to pause the divorce, the process becomes much more manageable. The couple can mutually agree to hold off on moving the case forward, negotiate a settlement at their own pace, or request a continuance — which is a court-approved delay in proceedings.
Courts generally allow some degree of flexibility when both parties are cooperative and working in good faith toward a resolution. That said, a judge still has authority over the timeline and may push the case forward if it has been stagnant for too long.
Requesting a Continuance
A continuance is a formal request to postpone a scheduled court hearing or deadline. Either spouse or their attorney can ask the court for more time due to circumstances such as a need to gather more financial information, a family emergency, or ongoing settlement negotiations.
Courts may grant continuances at their discretion, meaning the judge decides whether the reason is valid enough to delay proceedings. Having an attorney present your request clearly and professionally can make a meaningful difference in how the court responds.
Common Reasons People Want to Pause a Divorce
People seek to pause or stop their divorce for a wide variety of reasons, and none of them are wrong. Here are some of the most common situations that lead people to reconsider the pace of their case:
- Reconciliation efforts or marriage counseling are underway
- A major life event has occurred, such as a serious illness or job loss
- Financial documents and assets still need to be fully identified or valued
- Children's needs require more time and careful consideration
- Settlement negotiations are ongoing and showing progress
- One spouse has not yet secured independent legal representation
Whatever the reason, it is worth speaking with an attorney before making any unilateral moves, since actions taken without legal guidance can sometimes have unintended consequences for your case.
What If Only One Spouse Wants to Pause?
This is where things become more complicated. If the spouse who did not file for divorce — called the "respondent" — wants to slow things down but the filing spouse wants to continue, the respondent has limited options for stopping the process entirely. They may, however, take steps to ensure they have enough time to prepare their case.
For example, a respondent who needs more time to respond to the complaint may request an extension of their deadline from the court. Courts typically allow this as long as the request is made promptly and in good faith. It is also wise to consult with an attorney as early as possible if you are on the receiving end of a divorce filing, so that you understand your rights and can protect your interests throughout the process.
What Happens If You Want to Stop the Divorce Completely?
Stopping a divorce entirely — rather than just pausing it — is also possible, particularly when both spouses have decided to work things out. In South Carolina, if both parties agree to reconcile, the case can be dismissed by filing the appropriate paperwork with the court.
If the divorce has not yet been finalized, the couple can simply withdraw the case and continue their marriage without any legal disruption. If you are considering this option, it is still worth speaking with a family law attorney to make sure that any temporary court orders that were issued during the case — such as orders about child custody, support, or property — are properly addressed or lifted.
Important Timelines to Keep in Mind
South Carolina courts do not allow cases to sit indefinitely without activity. Here are a few key timelines to be aware of:
- The respondent typically has 30 days to file a formal answer after being served with divorce papers
- If no action is taken on a case for an extended period, the court may dismiss it for inactivity
- South Carolina requires a minimum one-year separation period for a no-fault divorce
- Temporary hearings related to custody or support can happen early in the process and may set the tone for the rest of the case
Knowing these deadlines helps ensure that neither you nor your attorney is caught off guard by the court's schedule.
Should You Talk to an Attorney Before Making Any Moves?
Absolutely. Whether you want to pause, slow down, or stop your divorce entirely, the decisions you make early on can have lasting effects on property division, child custody, and financial support. Attempting to navigate these steps without legal guidance can lead to missed deadlines, unintended agreements, or court orders that are difficult to modify later.
An experienced family law attorney can walk you through your specific circumstances, explain what options are available under South Carolina law, and help you take action that reflects your actual goals — whether that means pressing forward, taking a step back, or pursuing reconciliation.
Talk to a Summerville Divorce Attorney Today
Deciding whether to move forward, pause, or stop a divorce is not something you have to figure out on your own. At TMW Law, our team understands how much is at stake when families face these crossroads. We take the time to listen, explain your options clearly, and help you make informed decisions every step of the way.
If you are going through a divorce or have questions about where your case stands, we encourage you to reach out. Call us at (843) 891-6100 or contact us through our online contact form to schedule a consultation with our team today.
