Getting What Is Rightfully Yours

Top 3 Common Divorce Delaying Tactics And How To Respond

30 May 2023

Estelle Mathieu

It is easy to understand delays in your divorce case due to the complexity of critical issues involved, such as child custody and support and property analysis and valuations. Your divorce attorney will no doubt help you understand this eventuality, bearing in mind that doing things right will only protect you and your children.

But what happens when the other party goes out of their way to drag out the case? Here is a look at the most common tactics you may find yourself up against and how your divorce attorney may be able to help. 

1. Dodging the Papers

The law requires you to serve the divorce petition on your former partner. Unfortunately, your spouse may dodge the papers in an attempt to stall things before you even get started.

In this case, your divorce attorney can help you prove to the court that you have proactively and in good faith done your best to serve the papers. The court may give the go-ahead to publish a notice in the local paper to satisfy the notification requirement.

2. Frivolous Filings 

A common tactic is for the other party to try and bury you and your legal counsel in endless paperwork by filing frivolous motions and making many legal requests.

The best response to this will depend on the specifics of your case. Hire a qualified divorce attorney, and you can be sure they will come up with a great strategy to counter this tactic. The good news is that the judge will often see through it, and seeing that these frivolous filings will also only eat into the court's time, you can expect a favorable ruling on the matter if you put together a good argument.

3. Unwillingness to Cooperate

If the other party continues to show their unwillingness to cooperate and negotiate, have your divorce attorney push your case towards the finish line by giving notice for the final trial. Most people don't want to have their divorce case go to a contested trial, and showing your willingness to do so may be enough to get the other party to cooperate.

Once your former spouse agrees to have the settlement talks, finally, have your divorce attorney properly set you up for mediation. If this doesn't work, ensure you have a great divorce attorney to present you at the final trial.

Divorce cases shouldn't be long and messy. If the other party is trying to delay the process, you can rest easy when you have an expert divorce attorney on your side, as you'll be able to respond accordingly and get things moving.

Contact local divorce lawyers to learn more.

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