As you are finding the answer to how long can a divorce drag out, it seems you are in a critical condition with your divorce process. But unfortunately, there is no set time frame or deadline to stop dragging out the divorce. No one ever wants to think about their divorce lasting a long time, but the fact is that it can.
However, every situation is unique, and a divorce’s length can vary significantly from case to case. In this post, we will discuss some factors that can affect how long your divorce will take and what you can do to try and speed things up.
Another factor that can affect the length of your divorce is the state in which you live. Some states have waiting periods before a divorce can be finalized, while others do not.
In addition, some states require couples to go through mediation before they can go to court, while others do not. The requirements of your state can have a significant impact on how long it takes to get divorced.
FAQs on How Long Can a Divorce Drag Out
What can I do if my spouse is holding up the divorce?
If you are concerned about your divorce taking a long time, there are some things you can do to try and speed things up. If you are a man, you can use these techniques to convince your wife for a divorce.
However, first, if you and your spouse can agree on the terms of your divorce, it will likely go much faster. This includes child custody, visitation, support, and division of assets. Having a lawyer review any agreement you make before signing it is essential. Once both parties have signed the agreement, it will be submitted to the court for approval.
But, if your spouse uses sneaky divorce tactics to hold the process, you need help from expert lawyers. A lawyer can address the issue in court. Even you can ask the court to compensate for the attorney fees by the spouse as she/he is delaying the divorce.
If your lawyer can address the whole thing accurately, a court may give the order to comply with the rest process within a fixed date. If the other spouse doesn’t cooperate according to the court’s order, she/he might be charged with contempt of court.
If you are in a hurry to remarry, you can file a motion to the court for the ‘bifurcation’. In this process, a court may grant you a status-only divorce, and you will return to single status and can remarry.
What are the common stalling tactics to delay divorce?
Many clients ask, ‘how to delay a divorce?’ Divorce cost is high for both parties. But, many spouses want to stall the divorce process. There are countless ways a spouse might try to delay a divorce proceeding. Some of the tactics for delaying divorce are like below:
Avoiding service of court papers: this will only delay the process and make it more complicated.
Ignoring their attorneys: if your spouse is not cooperating with their attorney, it will lengthen the divorce process.
Jumping around between new attorneys: if your spouse is constantly changing lawyers, it will take longer to get divorced.
Raising false accusations: if your spouse raises false accusations, it will lengthen the divorce process. A spouse may accuse you of abuse or child neglect in an especially contentious divorce, and he or she might submit a protection order. This can complicate not just divorce but also child custody procedures.
Sticking/changing to their terms: if your spouse is not willing to compromise on the divorce, it will take longer to get divorced. A divorce can lead to new challenges if a spouse changes his or her mind at the last minute, as he or she may do so against a written agreement.
Making unreasonable demands: if your spouse makes unreasonable demands, it will take longer to get divorced. For example, a spouse might refuse to sign the divorce papers unless you agree to give him or her more money than originally agreed upon.
Filing useless motions in court: Making unreasonable demands by the spouse also makes the divorce process longer.
Delaying divorce to save marriages: Your spouse might not want the divorce to save the marriage for any reason. He/She might go to any extent to make this happen, like going for counseling, hiding assets or even faking an illness.
To get financial benefit: If your spouse is eligible for spousal support or alimony, he/she might want to prolong the divorce process to continue receiving this financial benefit.
To take revenge: In some cases, a spouse might want to delay the divorce to get revenge on the other spouse. This is usually seen when one spouse cheats on the other.
To make you suffer: In some cases, a spouse might want to delay the divorce to make the other spouse suffer. This is usually seen in cases where one spouse is angry or jealous of the other for some reason.
You might have to go to court more than once if your spouse prolongs the divorce. This will add to the cost and stress of getting divorced.
Sometimes, a spouse may even try to hide assets to make the divorce take longer. If you suspect your spouse is delaying divorce and refuses to negotiate, you should speak to your lawyer.
You can watch the below video to learn more dirty tricks your spouse can use to delay your divorce:
How many times can a divorce be postponed by an attorney?
Sorry to say there is no limited number to postpone a divorce hearing. It depends on the judge of the court. A judge may grant a continuance or rescheduling, and judges are generally flexible on this point.
If one of the parties can address the court that the other party is asking for times to delay the process or for harassment, then the judge might not allow postponing a divorce hearing.
What happens if you stop attending a divorce hearing?
It depends on your role in the divorce file. If you filed for divorce and stopped attending the hearing, the divorce would be held. If you are the respondent and stop attending, then your spouse may be able to get a default divorce.
How long does a divorce take if one party doesn’t agree?
If one spouse refuses to sign, the divorce can be postponed indefinitely. The other spouse may have to file a motion with the court to force the reluctant spouse to sign the papers.
The length of time it takes for a divorce to be final if one spouse refuses to sign will depend on the court’s schedule and the laws of the state in which the divorce is filed.
Can a divorce be put on hold if both spouses agree?
If both spouses agree, the divorce can be put on hold indefinitely. However, if one spouse changes his or her mind, the divorce can be resumed. If both spouses agree to resume the divorce, they will have to file a motion with the court to do so.
How long does a contested divorce take?
A contested divorce is one in which the parties cannot agree on all the divorce terms. A contested divorce can take anywhere from a few months to several years, depending on the circumstances.
If the parties can agree on all of the terms of the divorce, they may be able to get a divorce relatively quickly. However, the divorce may take longer if the parties cannot agree.
While there is no set time limit to how long can a divorce drag out, there are some things you can do to try and speed up the process. By understanding the factors that affect how long a divorce will take, you can work on resolving those issues as quickly as possible.
If you are finding that your divorce is dragging on for too long, reach out to an experienced family law attorney for help.