Intentionally Delaying Divorce: What Should I Do?

Divorce may be a long and traumatic process for some couples. It doesn’t have to be that way, though. Your divorce can be amicable and go at a reasonable pace. Even procrastinating couples don’t always have influence over the divorce procedure. You and your attorney can talk about how to get your divorce started so that you can get back to living your life.

Divorce may be a long and traumatic process for some couples. It doesn’t have to be that way, though. Your divorce can be amicable and go at a reasonable pace. Even procrastinating couples don’t always have influence over the divorce procedure. You and your attorney can talk about how to get your divorce started so that you can get back to living your life.

What Can I Expect During My Divorce?

When one of the spouses files a divorce petition, the divorce process begins. Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process. In most circumstances, however, one spouse files and serves a divorce complaint, and the other spouse has around 20 days to respond. Divorces that involve more complicated assets and parenting issues are frequently longer and more expensive.

Some facets of a divorce require patience. In many states, for example, a contested divorce requires a waiting time. Between the time they submit their divorce paperwork and the time the court signs off and grants the divorce, a couple may have to wait anywhere from 30 to 90 days.

What Should You Do If Your Partner Isn’t Responding?

If you’ve filed for divorce, your spouse may want to postpone it until you can work things out. A spouse can keep requesting court extensions or refuse to react to your documents. Your spouse’s inability to respond to the divorce petition, on the other hand, can work in your favor. You can seek a default judgment after serving your spouse with a divorce case and the response period has expired.

A judge can offer you exactly what you asked for in your divorce petition if you get a default decision. The failure of your spouse to answer will be interpreted as acceptance of your terms. You’ll have to show the court that you properly notified your spouse about the divorce. A judge may enable you to print a divorce notice in a local newspaper if your spouse has moved without giving you a new address or is dodging service.

Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process.

How to Deal with Your Spouse’s Delay Efforts

It’s much more aggravating if you’re in the process of a divorce and can’t get a default judgment because your spouse doesn’t answer, even if it’s slowly. Some vengeful spouses, for example, routinely request extensions, cancel depositions at the last minute, and are constantly too preoccupied to organize a mediation. You may need to take further actions to compel your spouse to participate in certain scenarios. You can, for example, decline your spouse’s third request to cancel a deposition and file a formal motion asking a judge to impose sanctions (fines or other punishments) against him or her. You might be able to reclaim part of the legal fees you paid for the motion as well.

You can also ask the court to schedule a settlement conference if your spouse refuses to attend mediation. Settlement discussions are usually held in the judge’s chambers at the courthouse. If a court is involved, your spouse may take things more seriously. If your husband is attempting to delay your divorce, you must remain firm and continue to go forward.