Common Factors That Could Lead to Divorce DelaysBy Moskowitz Law Group, LLC |
The divorce process involves both spouses reaching an agreement on important matters such as child custody, spousal support, property ownership, and asset division. When exes cannot reach this agreement, a judge will decide these issues for them after conducting a trial. In either situation, there are many factors that can lead to delays.
When a couple decides to end a marriage, they typically want to get through the legal process as quickly as possible. An experienced divorce attorney at Moskowitz Law Group can help navigate these challenges and work toward a fair resolution while minimizing delays.
Contested Divorces Can Be Lengthy
If spouses can reach an agreement on the terms of their divorce, they can do so with an uncontested divorce. If they cannot reach a settlement agreement themselves, their divorce becomes contested and subject to a lengthy court process.
There are several contentious areas in divorces that often lead to spouses undergoing a contested divorce, including disputes over:
- The divorce itself
- The division of marital assets
- The division of marital debt
- Child custody
- Child and spousal support
Contested divorces tend to take longer to play out than uncontested divorces. This is because the court process has many procedural requirements for each spouse to meet in addition to any efforts to settle the case. Additionally, court proceedings are often scheduled far off into the future due to the courts being extremely busy. That said, it is important to retain legal counsel as soon as possible to discuss your rights and start preparing for trial if the parties cannot reach an agreement.
Other Factors That Can Cause Delays
If either spouse fails to provide appropriate documentation and actively participate in the divorce proceedings, it will delay a final resolution of their divorce. For example, one may party file incomplete or improperly completed documents. Other times, a spouse may refuse to attend hearings.
Continuing disputes over the terms of a divorce will also extend settlement efforts or the trial preparation process. A spouse may try to hide assets, delaying the discovery process and potentially leading to depositions and subpoenas, all of which take additional time. Cases involving children may also involve child custody experts when determining custody and support in the children’s best interests. The custody experts performing their evaluations and producing reports and deposition testimony all take additional time. While certain issues may require time to resolve, an experienced divorce lawyer can provide guidance to help avoid mistakes and navigate and minimize delays.
A Divorce Attorney at Moskowitz Law Group Can Help You Minimize or Avoid Delays
While a family law attorney understands you want to get through these processes quickly, they also understand the importance of reaching a fair and equitable resolution. Toward that end, one of the best ways to pursue a positive outcome as soon as possible is to consult a knowledgeable divorce lawyer.