A divorce can have the tendency to drag on for several different reasons. Even if both parties are cooperative, there are still factors that can make the process extend beyond a reasonable amount of time. This article will discuss some of those factors and what’s within your power to speed up the process.
Reasons Your Divorce Might Be Taking So Long
Knowing the cause for delay can help you figure out the best course of action for how to quicken the process. Listed below are the main possibilities for why a divorce can carry on for several months or even years.
The Attorney
It is possible that the attorney you hired has a personal agenda. Dragging out the case maximizes a lawyer’s profits and will drain your bank account before it’s all said and done with. If you feel like your counsel is complicating the court proceedings for personal gain, then it’s time you find more professional services you can trust. A lawyer should maintain transparency throughout the divorce process and should clue you into every detail possible. If there’s too much ambiguity in the explanations your lawyer provides, then consider finding a new lawyer.
The Other Party
Resentment and hurt might cause the other party to refuse to cooperate. Not signing papers, not seeking counsel, or refusing to negotiate are all possible behaviors that will make a divorce carry on indefinitely. The best way to handle this is to consider their perspective and to show understanding and sympathy for their situation. Being non-reactive and keeping the children as the first priority is sometimes your best defense in these cases. Remember to pick your battles and avoid arguing at all costs.
Assets, Children, or Investigations
If the case is already complicated with children, many assets, domestic abuse or other investigations, then there’s a chance it could last at least a year and likely more. Court dates will continue to get pushed if certain steps are not completed beforehand, so it’s important that the couple cooperates with one another as much as possible. Adhering to the advice of the lawyers and judge regarding paperwork and other elements of the case is always a good rule of thumb if the couple wants to avoid unnecessary delays.
How to Speed Up the Divorce
While there may be inevitable delays, each party can speed up the process in a handful of ways.
No-Fault and Uncontested
A “no-fault” divorce is when the couple files for divorce under irreconcilable differences, irredeemable breakdown of marriage, or something of the like. It basically means that neither one committed adultery, abuse, or any other unjustifiable act and that they just can’t get along anymore.
An uncontested marriage means that both parties agree on all agreements related to the following:
- The choice to get a divorce
- Custody and the child(ren)’s living arrangements
- Amount of child support
- Splitting of assets
- Payment of debts
- Alimony
The quickest divorces are no-fault, uncontested ones. Usually, only short-term marriages with few assets and no kids can accomplish this, However, if it is possible that both parties could end the marriage amicably without the above-listed complications, then that will typically result in a much shorter divorce process.
Leave Emotions Out of It
Emotions are usually running amidst terrible breakups between people whose lives are completely intertwined. Because of this, words sometimes get exchanged and they change the entire course of things. When working through the divorce, no matter how ugly it gets, try to always avoid making decisions based on emotions. This will only lead to more frustration and more lawyer fees that will rack up over time.
Concessions
There’s a lot at stake when two married people separate. Kids, animals, a house, cars, and the list goes on… But it’s crucial that you’re willing to make concessions and not fight over every little thing if you ever want the marriage to come to a close. Consider basing whether or not you will go to battle for something on how valuable your time is. If it’s more valuable than your time is, then go for it. If not, then squash it.
Proof of Marital Assets
Get the proof of all the assets you’ve acquired over the course of the marriage. If your spouse is lying or seems evasive of this crucial step, then it might need to be left to the professionals. Lawyers can complete this step for you, but it will take longer.
Because history, emotions, family, and assets are involved, there’s no easy way to get a divorce. On the other hand, if the two parties can be civil and willing to compromise, then the time could be sliced in half. Always seek legal counsel to ensure the process is followed through fairly and with haste.