Is Your Spouse Intentionally Prolonging Your Divorce? The Facts
Divorce is never easy. However, the shorter a divorce is, the more simplified the process can be. Your divorce timeline will depend on your individual circumstances, such as the number of assets you have or if you have children.
Once the divorce process begins, you can ask your attorney for an approximate timeline so you have an idea of how long the process should last. The answer is never concrete, but you should be able to gauge an ending point. However, that timeline can be interrupted by a number of issues, particularly if your spouse prolongs the process.
If you think your spouse is intentionally prolonging the process, you need to speak to your attorney. A person may prolong a divorce for many reasons. Here are some things you need to know if you are in this situation.
How Can Your Spouse Prolong a Divorce?
There are several tactics to prolong a divorce. During a divorce, each side can ask for evidence to substantiate a claim. However, this process, known legally as discovery, can go on for months if a spouse continually files motions and requests additional information. Each motion for information can take a long time to process.
Another way to prolong a divorce is if a spouse claims they need additional time to prepare. To get more time, they have to request a continuance. A continuance essentially changes the date of your divorce and extends the timeline if the judge sees fit to do so. Your spouse could do this simply by changing attorneys or not getting legal assistance at all.
Why Would a Spouse Prolong a Divorce?
There is any number of reasons why a spouse would prolong a divorce. Your spouse simply may not want the divorce and is prolonging the divorce in the hopes you will change your mind and stay together. Your spouse may drag out your divorce to get back at you or to hurt you by making you pay as much money in legal fees as possible.
Your spouse may prolong the divorce in the hopes the settlement will change and bend in their preferred direction. There may be a custody issue with your children that causes your spouse to prolong the divorce.
Can You Do Anything to Get the Process Moving?
If you think your spouse is intentionally prolonging the divorce process, you can try to move it along. First, you need to discuss the problem with your attorney. Your attorney will look into the issue to determine if your spouse is truly trying to prolong the divorce or if the process is just moving slower than normal.
Another option is to request a divorce mediation. Mediation is a meeting with a mediator, your spouse, and your attorneys to go over the terms of your divorce. Your spouse is required to attend the meeting to finalize the divorce. If they do not attend, you may have a better idea if your spouse is intentionally prolonging your divorce.
If all attempts to move your divorce along are not successful, your next step is to request a default judgment from the court. This step can occur when your spouse does not respond to your divorce complaint. When you file a default judgment, you essentially get what you want from the terms of the divorce.
A spouse who prolongs a divorce is a tough issue to handle on your own. If you have any additional questions about your divorce or if you have a legal need, please contact us at the Rise Law Group. We will be happy to discuss your case with you.