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June 17, 2020

Factors That Contribute to a Lengthy Divorce Process

Posted in Uncategorized

Divorce is an unpleasant process that most people want to get through as quickly as possible. Even under the most amicable circumstances, divorce can cause people to feel the following:

  • Fear
  • Anger
  • Sadness
  • Confusion
  • Helplessness

The following circumstances can contribute to a divorce taking longer than expected.

State Rules

Different states have different requirements for getting a divorce. Many states require individuals to remain separated for 30-90 days before filing divorce papers. This waiting period addresses the possibility of reconciliation before the permanent undoing of a marriage.

Lack of Preparation

People sometimes expect their lawyers to handle everything while they wait out the divorce process. However, clients must actively partner with their lawyers to achieve the speediest possible divorce for their circumstances. Procrastination with tasks like collecting official documents, listing assets, or establishing a divorce budget can cause avoidable delays.

Assets

Some couples have substantial joint assets after many years of marriage. The higher the value of the assets, the greater the desire to hold on to them. An unwillingness to accept the terms of asset distribution is a reason some divorces take years to finalize.

Spouses

Spouses contribute to delays by attempting to stay married, hiding assets, scheming to wear down the other’s finances, or revenge. The time it takes to counter a spouse’s negative tactics is a common reason for a prolonged divorce.

Children

Having children together adds a layer of complexity that can take additional time to resolve. If one parent expects to move away after the divorce, issues like custody, child support, and visitation require further and lengthy consideration. Although many people express a wish for their divorce to be as easy as possible for their children, the reality is that having children can prolong the amount of time it takes for things to normalize.

Flexibility

When people dig their heels in on specific points, delays are inevitable. A willingness to compromise is necessary to settle a divorce quickly. Often, tempers and emotions over matters that may be insignificant in the long run prevent a divorce’s finalization. Inflexible personalities often cause divorce proceedings that go on for years.

The Court System

Even the most clear-cut, no-fault divorce can take months to resolve due to backlogs in the court system. There is not much to be done about this. Still, such delays are insignificant when compared with delays that are preventable.

Carefully following your lawyer’s instructions is the best way to minimize the time it takes to finalize your divorce. Contact an attorney, like a divorce attorney from The McKinney Law Group, if you are in need of assistance. 

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