Factors That Can Slow Down The Divorce Process

Posted on: 27 August 2020

Getting married can happen very quickly, sometimes only within one day, but getting divorced can take a very long time depending on how you go about it and what state you reside in. You might be wondering why your divorce is taking as long as it is. There are several issues that can delay a divorce especially if you're not working with a divorce lawyer.

Mandatory Cooling Off Periods

Depending on the state you reside in, there might be a mandatory cooling-off period. This is because the courts will want to make sure that you are certain about your decision to have a divorce. In some states, you must be separated for a period of time before you will be allowed to file for divorce. In other states, you may initiate the divorce immediately but must wait for a period of time before your divorce is finalized. Some courts are also simply busy and you may need to wait for them to hear your case.

Ways That Your Spouse Can Delay a Divorce

When your spouse files a motion, you both are given an advanced warning and you will be given a certain number of days to respond to the warning. You will then have a hearing date and you may need to wait even longer if your hearing is delayed.

Avoid Delays with Help from a Divorce Lawyer

Some delays might be unavoidable to some extent. However, one of the best ways to avoid delays is to speak to a divorce lawyer. This can allow you to set up a checklist that will allow you to make sure that each step in your divorce is followed properly so that you don't have any unnecessary delays.

Most lawyers will not attempt to delay your case because they are ethically obligated to serve their clients to the best of their abilities. However, your lawyer will also not encourage you to jump on the first offer that the opposing party makes because this will likely not be the best deal.

Contested Vs. Uncontested Divorces

A contested divorce takes much longer than an uncontested divorce to settle. Therefore, if your divorce attorney can assist you in avoiding a contested divorce, this can save time. You might choose to avoid alimony, divide your assets evenly, and resolve any disagreements outside of court. However, if you have children, you may find it much more difficult to resolve the case because children will often lead to custody disputes. 


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