During a divorce, one of the most common questions that people have is, “Why do some divorces take so long to complete?” Even though the specifics of every divorce are different, there are a few reasons in common why some cases tend to drag on for a longer period of time than others. It is essential to keep in mind that a divorce can be rapidly settled if all parties involved are intent on negotiating a settlement that is equitable to both sides. However, delays caused by procedures and the courts can also make the process of getting a divorce take longer. Continue reading to learn more about frequent challenges that can lengthen the amount of time it takes to divorce your spouse and how you can overcome them.
Disagreements Among Spouses
If the parties who are seeking a divorce are unable to come to an agreement with one another, their case may be prolonged, which will need them to spend more time talking and appearing in court. When spouses cannot come to an agreement on a variety of topics, the divorce process can be extremely stressful and highly emotional. This is because the spouses have to wait until they are in the appropriate mental frame that is favorable to settling their argument.
If you want to get through the process of getting a divorce as soon as possible, you should talk to an experienced family law attorney for advice on how to proceed through each stage of the divorce procedure, including settling issues that arise between the spouses. Resolving unproductive arguments can allow you to move on to the next stage of your life, and a qualified lawyer or mediator can assist you in shifting your viewpoint and thinking about the myriad of options available to you in this regard.
Disclosure and Obtaining Information
The phase of the divorce proceeding known as discovery involves both parties exchanging and obtaining information that is necessary to resolve any disagreements that have arisen between the spouses. You will be able to determine what assets, debts, and community property are at issue and should be taken into account while working out the terms of the settlement during the disclosure and discovery phases of the case.
Even though having in-depth conversations regarding both spouses’ financial information and property can take some time, the process can also be prolonged if one party does not comply with the standards for disclosure and discovery. Delays may also occur if one party wants to subpoena corporate records or wait for a forensic accountant to compile a report. Both of these scenarios are likely to result in the requirement for more time. Because of all of this additional effort, the divorce proceeding could end up taking even longer.
The schedule of the court is extremely packed.
Couples who desire to get divorced quickly may find that the court’s schedule presents a significant obstacle. Because there are so many cases, it can be challenging to find a time that works for everyone to appear in court. In the event that the parties are unable to settle the majority of their differences prior to going to trial, the hearing that they attend may take many hours. In the event that further time is required to settle the issue, a motion for a new trial will have to be filed. This can push the timeline back by several months if the court is extremely backed up with other cases. In addition, constraints relating to COVID-19 may have an effect on the operations of the court and lead to a backlog of cases.
At Justice Legal Group, our legal team is here to walk you through all of your options so that you may make decisions regarding your divorce case that are based on accurate information. Get in touch with us as soon as possible to schedule a consultation. You can reach us at 505-880-8737 or schedule an appointment on our website.