What Prolongs a Divorce?

By Anna Green

When a couple mutually agrees to divorce and can reach a joint settlement outside of court, divorce can be a quick process. On the other hand, if a couple has unresolved disputes, anger or property disagreements, these issues can prolong the divorce. Although the time frames for divorce and the process of handling legal disputes varies among states, in many cases, complex joint holdings and unresolved disagreements will prolong the divorce process.

Heated Emotions

The anger, sadness, and other negative feelings that come with divorce can do more than just create stress; these emotions may also stretch out the divorce process. In some instances, couples’ strong feelings can make it difficult for them to think rationally and negotiate settlements. When a couple cannot reach a mutually agreeable settlement because of hard feelings, the case may have to go to trial, which makes the divorce process significantly longer.

Lack of Cooperation

In some instances, one spouse wants to divorce while her partner does not. In these situations, the partner who does not want the divorce may try to stall the proceedings deliberately by not responding to official paperwork, refusing to comply with requests for documents or hiding income and assets. A noncompliant spouse might try to prolong a divorce by filing frivolous motions or other unnecessary paperwork, although the court might levy sanctions or other legal penalties for actions like that. This frivolous litigation can prolong the process of divorce.

Divorce is never easy, but we can help. Learn More

Material Disagreements

If a couple cannot reach agreement on issues such as child custody, property division, child support and alimony, then then a judge will need to adjudicate these issues, explains the American Bar Association. In child custody disputes, the court may also need to employ a third-party custody evaluator to determine what arrangement is in the child's best interest. Even if the couple cannot reach a mutually agreeable arrangement on one just issue, this will often mean that the court will need to hold a hearing or trial and make a determination for the couple.

Significant Assets

When a couple has retirement benefits, real estate holdings or business assets, the court or the parties’ attorneys may require appraisals and careful assessment of holdings. For example, if a couple or one spouse owns a business, the court will need to assess the value of both tangible and intangible property and revenue. This appraisal and assessment process can be time consuming.

Divorce is never easy, but we can help. Learn More
Can One Mate Refuse a Divorce in North Carolina?

References

Resources

Related articles

Marital Misconduct & Florida Divorce Law

Marital misconduct is a tricky issue in a no-fault divorce state such as Florida. In fact, a Florida judge might not even permit evidence of infidelity to be introduced during the divorce process. However, in certain circumstances, marital misconduct becomes a relevant factor in determining a division of the marital assets or who should be granted custody of the children.

Court Procedures for Shared Custody in South Carolina

Understanding the custody procedure in South Carolina can help parents better prepare and present their case to a judge. The process operates similar to a trial, with parties exchanging information in advance and attempting to reach a mutual resolution, based in either sole or shared custody arrangements. If the parents cannot effectively resolve these issues to the satisfaction of the court, a judge will issue an order following an analysis of the factors related to the best interest of the child..

Marital Property Laws in Ohio

Couples who decide to divorce often wonder how their property will be split, or how much say they have in the matter. The answers to these questions depend, in large part, on where you live and the character of the property in question. Ohio is an equitable distribution state, meaning that courts split your marital property in a manner that is intended to be fair and just, based on factors set forth in state law.

Get Divorced Online

Related articles

Does Mediation Mean You Are Divorced?

Mediation can help couples reach agreement on the terms of their divorce, avoiding long court fights and eliminating ...

What Are the Benefits of Legal Separation Vs. Divorce?

Legal separation and divorce are two options for married couples who wish to part ways. According to the Centers for ...

Does the Plaintiff Have to Show Up in a Divorce?

State laws regarding divorce often differ significantly. Further, rules on who must attend hearings vary based on the ...

How to Get Divorced in Illinois Without Going to Court

It is understandable that people may want to avoid going to court when getting a divorce. A court date can be stressful ...

Browse by category
Ready to Begin? GET STARTED