When One Party Aims To Delay The Divorce, You Can Take Action
For many people, settling their divorces as quickly as possible is the ultimate goal. However, just because one party has this goal, it does not mean that the other person is in sync. There are a variety of different reasons why some people work to delay the divorce process, but to ensure you are protected, it is helpful to understand how to counteract these intentional delays.
A common reason divorces are delayed is pure payback or spite. Particularly in instances where one party does not want the divorce, they might do everything in their power to stall the inevitable. Not only will this delay take an emotional toll, but it can also be costly.
Often, if the party being victimized by this action can provide proof that the other person's actions are intentional, such as a text message stated they will delay the process, the court will put a stop to the back-and-forth games and force the other party to move forward.
Depending on the details of the marriage and the state of filing, each individual may be required to both divulge and share a portion of their assets with their soon-to-be ex-spouse. In an effort to mask assets or transfer them into another person's name, some people will prolong the asset review portion of the divorce.
If you have an attorney and you suspect this behavior, it is always best to inform your attorney so that they can investigate the matter. The law requires that all assets be made known, and an attorney will work to do just that.
The goal of the judge is to ensure that each party is being treated fairly and that each person is allowed an opportunity to express their grievances. One way that this process takes shape is through motion filing. Motions can cover everything from a request for more information to an in-depth review of your assets to a continuance.
Sometimes, one party may use their motion filing power to keep extending the amount of time before the agreement is settled. Again, a skilled attorney can recognize when this sort of game is being played and argue to the court when a motion is being filed feverously.
Whether it is providing evidence to the court of an intentional delay or ensuring you have everything in place to move the process forward, an attorney can help. Make sure you have an attorney on your team to help you avoid unnecessary delays. Contact a local divorce lawyer to get started.