The length of a divorce case can vary considerably depending on the level of conflict between spouses and other variables such as whether there are children involved. Some cases may be resolved in six months or less if the parties are able to cooperate and agree on all aspects of the divorce settlement. However, in cases where spouses fight over issues such as child custody, property division, alimony, or child support, it can take much longer to get the divorce finalized. This is especially true when a spouse uses legal strategies to prolong the divorce, intentionally delaying divorce, which can increase both the cost of the divorce and the frustration of all parties involved.
Stalking tactics that could prolong a divorce in New York include:
The goal of a spouse using these strategies is to draw out the process as long as possible, either so they can achieve some wins or to wear down their opposition so they give in and get the divorce over with. Typically, this takes the form of refusing to negotiate or taking every little issue back to court for additional hearings. Intentionally delaying divorce in this manner can escalate conflicts and prolong the proceedings unnecessarily.
One common way that spouses delay the divorce is by failing to cooperate and provide timely financial information or other necessary documents. This might also include hiding assets or refusing to negotiate a fair financial settlement. Some spouses also engage in emotional manipulation or false accusations of abuse or impropriety to delay the proceedings, intentionally delaying divorce, which can lead to lengthy investigations and add up to costly legal expenses.
A spouse who is hesitant to get the divorce over with might engage in contentious and prolonged custody battles, particularly when their priority is to maintain a connection to the children. These battles can require extensive negotiation sessions and a great deal of money to resolve, particularly if the spouse is seeking sole or primary custody of the children. Intentionally delaying divorce through such battles can further strain family dynamics and increase legal fees.
Spouses can also prolong a divorce by making small changes to their original divorce settlement agreements. This can slow down the court proceedings, as attorneys need to draft and file an addendum to amend the original terms. This is especially true in cases where a spouse wants to make changes to the alimony, child custody, or property division arrangements, as such changes are subject to review by the court. By intentionally delaying divorce in this way, a spouse can drag out negotiations and court time.
A spouse may also prolong a divorce by filing unnecessary motions and making other unnecessarily complicated requests for extensions, hearing dates, or mediation sessions. This can significantly increase the amount of time and expense to get a divorce finalized, especially in contested cases that require court appearances, forensic accountants, psychologists, or other outside professionals. Intentionally delaying divorce through these tactics can be a strategy to exhaust the other party into submission. This is why it is important to keep physical and digital documentation of all communications with your spouse throughout the process, as well as to be proactive about addressing any concerns or objections immediately.
Divorce can be a painful process, but it does not have to be lengthy or ugly. In fact, divorce can often be a quick and dignified process that allows both spouses to begin their lives as single people. The length of time that divorce proceedings take can be influenced by several factors, including intentionally delaying divorce, and a New York divorce lawyer can help you speed up the process.
Depending on the circumstances of your case, you may be able to resolve issues related to property division, custody and visitation of children, alimony, and other support matters through mediation or settlement. However, many cases do not have a peaceful resolution and must be decided by a judge. The Court will consider the circumstances of your marriage and determine a fair result. This can be very time-consuming and emotionally charged for both parties. Intentionally delaying divorce can exacerbate these challenges, making the process even more strenuous for everyone involved.
The most important factor that can impact the length of time a divorce takes is whether or not it is contested. A contested divorce is one in which the spouses disagree on a number of key issues such as alimony, child custody and visitation, or the division of assets. The spouses must work together to come up with a resolution to these issues and then submit that resolution to the Court. The Court will then review the negotiated terms and determine if they are in accordance with the laws of New York. When one spouse is intentionally delaying divorce, it can hinder reaching a timely resolution, dragging the process out further.
If the spouses cannot reach a mutually agreeable resolution on these issues, they will have to go to trial. The court will hear evidence and testimony from both spouses and any witnesses who are called to testify. After the judge hears all of the evidence and testimony, the judge will decide on the appropriate resolution to these issues. This can also be a very time-consuming and emotional process for the spouses and any children involved. In such cases, intentionally delaying divorce can add unnecessary complexity and duration to the trial, impacting all parties involved.
A second issue that can lengthen the divorce process is the complexity of your case. Some cases involve very complex financial issues that require the assistance of professionals in order to accurately assess and value assets. These types of experienced witnesses can be costly and can add a significant amount of time to the divorce process. Intentionally delaying divorce during these stages can further escalate the costs and extend the timeline significantly.
Another factor that can lengthen the divorce process is the reluctance of either party to cooperate with the other. If a spouse is not responding to requests for information or attempting to hide assets, the other spouse must follow protocols to locate them and this can add months to the proceedings. Such behavior is often a tactic of intentionally delaying divorce, further complicating the situation and prolonging the time it takes to finalize the divorce.
Procrastinating the divorce process in New York can be particularly challenging, especially when one party is intentionally delaying divorce. Divorce is often one of the most emotionally and financially draining life events a person can experience. As such, both parties may have a strong desire to avoid the process as long as possible for a variety of reasons.
Unfortunately, procrastinating the divorce process can have many negative consequences for you and your future, including intentionally delaying divorce which exacerbates these issues. The financial consequences of delaying a divorce can be particularly damaging. For example, staying in an unhappy marriage can prevent you from pursuing new career opportunities or achieving financial independence. Ultimately, this can lead to a cycle of stagnation and financial dependence. Divorce can help break this cycle and set you up for a successful financial future. Intentionally delaying divorce can further complicate your financial situation, hindering your ability to move on and secure financial stability.
Delaying the divorce process can also have a number of significant tax implications for both you and your spouse. Additionally, failure to file certain paperwork on time can result in substantial legal expenses and delays. The court requires a wide array of documentation to properly evaluate your case and determine important issues, including support, custody, and equitable distribution. Failure to provide these documents can result in a delay or even an unfavorable outcome in your case. When one party is intentionally delaying divorce, it can strain the legal process and increase the emotional and financial burden on both parties.
For example, if you fail to submit information about your income for purposes of calculating child support, the judge can impute that income and require you to pay more in support. Likewise, if you delay filing your request for an order to live separate and apart from your spouse, the judge will have less information to base the decision on and may find against you. Intentionally delaying divorce by not providing necessary information can significantly disadvantage your position in these matters.
A spouse who does not want to divorce can also cause significant delays by requesting extensions, postponing hearings, or refusing to respond at all. Unfortunately, it is impossible to force a reluctant party to act. In these cases, you may wish to pursue a default judgment. This is a request that the judge signs after you have served your spouse with the petition for divorce and he or she fails to respond. Intentionally delaying divorce in such ways can prolong the process unnecessarily, leading to further complications and stress.
It is crucial to work with an experienced family law attorney who can assist you in navigating the divorce process efficiently and effectively. A lawyer can ensure you have all necessary paperwork filed on time and can also advise you of any potential challenges that may arise in your case, including strategies to counteract any intentional delays in the divorce process.
The Law Office of Ryan Besinque
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(929) 251-4477