Many people become disenchanted with how long their divorce process is taking. Filing for divorce is often an emotional decision and often leads to disagreement among partners as to how best to settle their cases.
Divorce lawyers have an ethical obligation to their clients to be thorough and aggressively fight for them during a divorce proceeding, even though this takes time and dedication.
1. Your case is contested.
Contested divorce occurs when either partner disagrees on at least some aspect of their case. It takes longer and costs more due to having to go before a judge for decision on individual issues; each side presents witnesses, cross-examines them and then has the chance for redirect examination before ultimately the judge renders their rulings, which are then memorialized in written orders by him/herself or appealed back into court for final judgements or orders to be signed and enforced by them if needed.
Contested divorce proceedings typically begin when one partner files an action with the court and serves it on their spouse. Once served, their counterpart has 120 days to respond – failing which a default divorce may be granted; or else they can file a counterclaim/answer in response.
Discovery period begins next, during which attorneys attempt to gather evidence for or against their client. Once this is complete, a pretrial conference will take place where either it can be resolved immediately or the case will go to trial.
At trial, both spouses will present evidence and call witnesses. Both spouses will then be cross-examined by opposing attorneys before having the opportunity to present rebuttal testimony and submit closing arguments before submission to a judge for judgment on outstanding contested issues – this process can last anywhere between 4-12 months depending on its complexity.
However, if both parties can come to an agreement on all issues quickly, a divorce could be finalized much more quickly. That is why having an experienced and knowledgeable attorney represent your case is so essential if you want yours resolved sooner than anticipated. If you’re fed up waiting, talk with one today about how they can help expedite things more rapidly; they will help explain all your options so you can find one that best meets the needs of your family – call us for more details and look forward to speaking with you! We look forward to speaking with you soon – call today – we look forward to speaking with you!
2. Your spouse is not cooperating.
Divorces often become contentious when one spouse refuses to cooperate in the divorce process, leading cases to remain open indefinitely. Cooperation during this stage is essential so both partners can move on with life post-divorce; unfortunately, however, in many instances this cannot happen because one partner refuses to accept that marriage has ended and fights to stop the divorce from happening.
One common way this happens is when one spouse refuses to sign the divorce papers. Although this can be frustrating and challenging to handle, resentment and anger could be contributing factors that lead to their unwillingness. Therefore, it is crucial that a family law attorney be consulted regarding how best to resolve it.
One way a spouse can act uncooperatively during a divorce proceeding is by refusing to participate in the financial disclosure process. This crucial aspect of divorce allows both parties to understand each other’s financial situations, which in turn helps determine an equitable property division and settlement agreement. Some spouses opt to withhold financial documents from disclosure – something which can delay proceedings considerably.
At times, spouses may act in ways which make things less than cooperative – by making false accusations or employing other devious tactics, such as accusing one another of abuse or child neglect, for instance – this could hinder or even delay proceedings and even stop you being granted a divorce. Therefore it’s essential that any actions which cause delays are documented, along with text messages or communications between both parties during that period of time.
if your spouse refuses to cooperate with the divorce process, filing a petition for default judgment could be the solution. This legal procedure exists in some states and forces both parties to participate in the proceedings while giving each spouse what they desire from the marriage. As it’s a complex procedure requiring legal advice, an experienced attorney would likely be necessary for success in filing such a petition for default judgment petition.
3. Your attorney is taking too long to settle your case.
No matter the issues between you and your spouse in your divorce proceedings, it is critical that as many issues can be settled out-of-court as possible. This will lessen court hearing times while also decreasing what needs litigated on behalf of either party.
Child custody and property division issues often prove the most contentious during a divorce proceeding, taking considerable time and energy to settle through negotiations and court hearings. When appearing before the judge for these hearings, it’s crucial that your case is presented effectively, which requires careful preparation of legal documents as well as testimony from various professionals like psychologists or financial analysts.
Even though your attorney is working diligently on your case, delays in its progression could be outside their control. For instance, if it requires expert services to review information and prepare their report. Furthermore, due to full court calendars or emergency situations (like COVID-19) court may find scheduling hearings and trials quickly challenging.
If your attorney seems to be taking too long to resolve your case, it may be worthwhile speaking with them directly about the issue. If this fails, A People’s Choice offers affordable legal document preparation services which may assist in closing out remaining aspects. Get in touch today for more details!
4. Your spouse is not cooperating with you.
Sometimes one spouse will refuse to cooperate in the divorce proceedings, which adds another layer of complexity and slows it down considerably. If this occurs, consult with your attorney regarding what your next steps should be and the best strategy moving forward.
If your spouse is hiding assets or refusing to respond to your initial petition, it is imperative that you start documenting all aspects of their behavior as soon as possible. Save every text message or disagreement to show they aren’t cooperating in proceedings – keeping a journal will allow you to have evidence for court.
Also, filing a motion for contempt against your spouse could provide leverage during negotiations by having a judge issue an order compelling them to cooperate and acting as leverage during talks.
Encourage your spouse to attend mediation. While this might not always be successful, mediation can often bring your partner back to the table and help them understand that divorce proceedings are for both of their benefit as well as yours. Sitting down and discussing financial matters with an impartial mediator often proves more fruitful than battles in court.
Divorce can be an unpleasant process, but it may be the only way to put your life back together after years of marital turmoil. While taking too long to resolve issues could add extra stress, financial ruin, and feelings of resentment between partners.
If your spouse refuses to sign divorce papers, it is essential that you remain sympathetic yet firm in your decision. Giving false hope that the relationship can be saved may only prolong matters and make things harder than necessary when trying to reach a conclusion.