Last Updated on: 13th October 2023, 08:21 pm

Why is My Divorce Taking So Long to Finalize?

Going through a divorce can be an extremely difficult and emotional time. Many people expect the process to be quick and straightforward, but often find themselves frustrated when it drags on for months or even years. There are many reasons why divorce proceedings tend to take longer than people initially anticipate.

Common Reasons for Divorce Delays

Contested Issues

If you and your spouse cannot agree on important divorce-related issues like property division, alimony, child custody, or child support, it can significantly prolong the process. Contested divorces may require extensive negotiations, mediation, or ultimately a trial in front of a judge to resolve the contested matters. This adds considerable time compared to uncontested divorces where both parties are in agreement.

Discovery Disputes

The discovery process, where each spouse discloses financial documents, assets, debts, and other information to the other side, can easily become a source of contention. If one spouse is reluctant to fully comply with discovery requests or purposely drags their feet, it can stall forward progress. Motions to compel discovery may be required, further slowing things down.

Difficulty Scheduling Court Dates

Court calendars tend to be very crowded, so scheduling hearings, settlement conferences, and trial dates can take much longer than people expect. In some jurisdictions, it can take months to get a court date, pushing back the timeline significantly.

Attorney Delays

While uncommon, some attorneys fail to diligently work on cases, miss deadlines, or drag their feet on filings. Poor communication with clients can also be an issue. If you feel your lawyer is not actively pushing your case forward, consider switching representation.

One Spouse is Emotionally Unready

It’s common for one spouse to be more ready to move forward than the other. The spouse who did not initiate the divorce may have more difficulty accepting that it is really ending and be less willing or able to promptly address divorce-related matters.

Waiting Periods

Many states impose a mandatory waiting period before a divorce can be finalized, ranging from 30 to 365 days. The purpose is to give couples an opportunity to reconcile. Even if you and your spouse are in agreement, you cannot finalize until the waiting period passes.

Prioritizing Childrens’ Needs

Divorcing parents may slow down the process to prioritize the emotional needs of children impacted by the divorce. Taking it slower can help kids adjust to all the changes.

Financial Constraints

Lack of money to pay attorney fees can force one or both spouses to represent themselves, which typically takes longer. It can also lead to delays gathering information, filing motions, and scheduling court dates.

One Spouse Stalls the Process

In contentious divorces, one spouse may intentionally take steps to impede the process such as refusing to provide documentation, missing meetings with attorneys, or frequently asking for delays. They may be motivated by bitterness or want to avoid divorce as long as possible.

Complex Assets or Debts

When divorcing spouses have complicated real estate holdings, business interests, retirement accounts, or large amounts of debt, the discovery process takes longer. More time is needed to value assets, determine ownership interests, and divide things equitably.

Tips for Speeding Up Your Divorce

• Compromise when possible – Being flexible and willing to compromise on contested matters makes reaching agreement easier. Pick your battles wisely.
• Organize financial records – Promptly provide complete responses to discovery requests. This avoids delays caused by your spouse having to file motions to compel.
• Consider mediation – An experienced divorce mediator can facilitate quick compromise between warring spouses. The mediated agreement becomes your divorce settlement.
• Be proactive – Don’t sit back and let your attorney do all the work. Stay in touch, provide needed information in a timely manner, and ask questions if you’re unsure about anything.
• Seek temporary orders – Getting temporary orders for things like spousal/child support and custody in place can reduce conflict while the divorce is pending.
• Use a collaborative divorce process – This involves both spouses retaining collaboratively-trained attorneys committed to negotiating a settlement without involving the courts. It can be faster than a traditional litigated divorce.
• Consider a simple, pro se divorce – If you have an amicable divorce with minimal assets/debts and no children, you may be able to finalize quickly without attorneys by filing paperwork yourself.

Going through a divorce is never easy, but understanding the common reasons why the process often takes longer than expected can help you plan for it. Being proactive, communicating effectively with your spouse, and working collaboratively with attorneys from both sides will give you the best chance of finalizing your divorce as quickly as circumstances allow.