What Causes Delays in a Divorce Case?

While every divorce case is different, understanding some of the common reasons for delays can help you anticipate what may happen in your case. If you know what to expect, you can take steps to expedite the divorce process where you can.

Take a look at some of these delay factors and what you can do to speed up your divorce case.

Filing Issues

There may be delays if there are errors when filing divorce papers. If you presented inaccurate or incomplete paperwork, you will likely have to resubmit the forms and provide the right information. Depending on the court's backlog, your hearing may be pushed back for weeks or even months.

Your spouse has to be officially notified of the divorce proceedings for the court to grant your divorce request. So if you fail to serve your spouse with the divorce papers, your court may deny your request for a divorce.

Also, if the forms are not delivered to the correct address, your case might take a while in court. And since there's a residency requirement for divorce petitions, you need to file the proper paperwork. So if you just moved to the area, you will have to wait until you've lived there long enough to file for divorce. You can talk to an experienced family law lawyer to find out the waiting period in your state.

Disagreement Between the Parties

Another common reason for delays in a divorce is when both parties cannot agree on the terms of the divorce. Disagreements on issues such as child custody can prolong your divorce timeline. Oftentimes, these disagreements will lead to a trial and can take a long time to resolve.

Where possible, you can expedite your divorce timeline if you opt for negotiations rather than litigation. During mediation, you and your spouse can sit down in the presence of a neutral party and discuss the terms of your divorce. This approach is often seen as a more amicable solution that can save both parties time and money.

Complex Financial Negotiations

In some divorce cases, both parties have to resolve complex financial matters. They may have to divide up assets, draft spousal support terms or calculate child support payments.

These negotiations could drag out as each party tries to get the best deal possible. If you and your spouse cannot agree on how to divide your assets, this can lead to lengthy court battles that can delay your divorce finalization. In such cases, you need a competent family lawyer who can help you reach a fair agreement much quicker.

Contact a family lawyer in your area to learn more. 


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