Why is My Divorce Lawyer Taking So Long?
Sometimes, it may feel like your divorce is taking an eternity. Fortunately, there are ways to expedite the process and get everything settled quickly.
One of the best ways to ensure you receive legal representation is by choosing an experienced divorce attorney. A reliable lawyer will understand your individual needs and strive to represent you in the most beneficial way.
1. Your spouse is refusing to cooperate
Dealing with your spouse’s refusal to cooperate during a divorce can be an incredibly frustrating and disheartening experience. It could even be the deciding factor in whether or not the case proceeds as planned.
When your spouse refuses to cooperate, the first step you should take is figuring out why and what this could mean for the outcome of your divorce proceedings. There could be numerous reasons for this including:
1. Your spouse is refusing to sign the divorce papers
It could be that your spouse is delaying signing in order to keep you in the marriage and retain custody of your children. In such a case, contact an experienced contested divorce lawyer immediately for guidance on what steps should be taken next.
2. Your spouse is refusing to cooperate with discovery
When filing for divorce, it is necessary to disclose extensive information about your finances and assets. However, this can be challenging if your spouse refuses to cooperate in the process and won’t provide financial documents that only they possess.
It can be a tedious process to subpoena your spouse’s bank and credit card records, or other private information. Not only is this time-consuming, but it may cause delays in the divorce proceedings as you attempt to sort through all of their financial documents.
3. Your spouse may be hiding assets
One of the primary reasons spouses refuse to cooperate with divorce proceedings is that they’re concealing their assets. This could include bank accounts, investment properties and other valuable possessions which take time to resolve and could ultimately determine your final divorce settlement amount.
4. Your spouse is unwilling to cooperate in mediation
Mediation can be an excellent option for dealing with your divorce case if both of you are willing to collaborate. In mediation, you and your attorney meet privately in a neutral setting to attempt to reach an agreement on all relevant issues of the divorce.
2. You have a lot of contentious issues
If you and your spouse are engaged in an intense dispute over child custody, alimony, and asset division, you may be wondering why your divorce is taking so long. While it’s normal to experience some ups and downs during this difficult process of dissolution, make sure your lawyer does everything possible to help reach an amicable resolution that both of you can live with.
An effective way to determine this is by asking your attorney for a list of their top 5 most frequent issues and the average time it takes them to resolve them. Doing this allows you to compare the efficiency of your case against those of their other clients.
The great thing about this process is that you’ll have complete visibility into your case’s progress without needing to understand legal jargon. Doing so ensures your attorney doesn’t waste their time on minor details while major ones remain unknown.
Before selecting an attorney for your divorce case, it’s wise to assess their experience level in this area of law. Find out how many divorces they’ve handled previously and how long they have been practicing law.
Finding the ideal attorney requires research and asking for referrals from friends or family. You should also read their online reviews and speak to them personally to see how they answer questions. Most importantly, search for a divorce attorney who makes you feel comfortable during trying times in life.
3. Your attorney is failing to tackle matters in a timely manner
If your divorce case involves many contentious issues and your attorney is taking a long time to address them, it could indicate they’re not doing an adequate job. This could be because they lack knowledge about relevant laws, local rules, or if they’re having difficulty with either your case or one similar that has previously been handled.
It’s wise to evaluate a prospective lawyer’s track record. You can do this by reading reviews online or speaking with friends who have experienced divorce.
Your lawyer should be accessible and efficient when communicating with you, whether by phone or email. They must keep you informed on developments in your case and listen attentively to any worries that arise.
A qualified attorney will clearly define your rights and expectations, help you comprehend what the legal process entails, and enable you to make an informed decision regarding how best to proceed with your case. They’ll also set realistic objectives and collaborate with you towards achieving the most advantageous resolution given your circumstances.
Finding an attorney who shares your approach and strategy for divorce is paramount. Some may utilize a collaborative style, which strives to solve problems together and minimize conflict as much as possible, while others take more of a direct approach.
Once you’ve narrowed down your list, book consultations with several candidates to ask about their background and style. By conducting this initial meeting, you should gain valuable insight into each candidate and be able to determine whether or not they are suitable for your circumstances.
When interviewing a lawyer, be mindful of their language and body language to see if they put your needs ahead of theirs. If it appears they aren’t invested in your success, move on to the next attorney on your list. During one of life’s most trying moments, make sure your legal counsel treats you with respect, patience, and consideration.
4. Your spouse is dragging his or her feet
When one spouse delays in filing for divorce, it can cause significant delays. Fortunately, there are ways to ensure your case moves along quickly.
You can file a motion with the court to serve your uncooperative spouse with divorce papers. This will compel them to respond within an agreed-upon timeline and give you time for legal counsel to resolve any issues with them.
Your lawyer can ask the court to issue a temporary order on your spouse to address any delays. This order could require them to pay alimony or child support, attend divorce hearings, or provide other necessary information and documentation needed by your attorney in order to complete the process.
Another way to ensure your spouse complies with a divorce process is by imposing a contempt of court charge on them. This charge could force them to respond and may even result in fines or jail time.
It’s essential to consider that your spouse may attempt to use stalling tactics in an effort to gain an advantage over you. For instance, if they possess substantial assets or debt, they could potentially attempt to delay the process until they can conceal these funds and/or assets from you in order to avoid having to divide them during divorce settlement negotiations.
If you believe your spouse is deliberately delaying divorce proceedings in an effort to gain an advantage over you, contact an experienced divorce attorney for assistance. A knowledgeable legal professional can help remove any roadblocks preventing the process of dissolving your marriage from proceeding smoothly.
When going through divorce, it can be tempting to want to move forward quickly. But, sometimes it can be overwhelming not knowing where to begin or how to proceed. Your attorney can guide you through the process and guarantee your divorce is filed and finalized quickly!