5 Factors That Can Prolong Divorce Cases
The journey of getting a divorce can be a messy one since properties need to be distributed and alimony has to be discussed. The most difficult part of this process is to settle the issues related to child support and custody. The waiting period for granting the divorce may vary from state to state. For instance, in California, the minimum waiting or “cooling off” period to get divorced is 6 months from the day the other spouse was served with divorce papers. But this is the minimum time period and the waiting period can get prolonged anywhere when the following occurs:
File separately
When a divorce petition is filed separately, your waiting period can be different. In such cases, rather than counting from the day the petition was filed; it begins when your former partner gets a copy of the divorce papers. And this may take several weeks or days.
Documents are not complete
When you submit incomplete documents, there can be a delay in granting your divorce. The concerned court can return your divorce documents rather than scheduling the hearings.
When the spouses disagree
It is a classic scenario when a divorce can really get messy. There may be delays in granting a divorce when you and your estranged partner do not agree on issues related to properties, support and child custody. More hearings are set by the courts to settle such issues. The judges may even suggest that you and your ex-partner try to settle those issues outside the court.
When the partners refuse to attend the hearings
When you or your former partner is unable to attend the court hearings, it is better to file an affidavit. The affidavit should be signed by a notary too. When there are several issues at your end, the court may deny your request. When you fail to file an affidavit, there is no choice before you but to attend.
Apart from the court hearings, the judges may ask the partners to do out of court settlements and conferences. When you refuse to attend the hearings, the delay in granting the divorce is inevitable. It may not be an easy task to face your estranged partner and discuss the marriage publicly in a court. But, you need to understand that when you cooperate, the case gets unnecessarily dragged.
Inadequate knowledge
Today, things have become much easier as formats for divorce documents are easily available on the net and even free of cost. So, it is easy for you to locate these documents and get them ready. But you may not find it easy to decide what to talk on the court. When you do not have an expert’s help, you may not know how the process functions and there can be further delays.
When you are serious about getting a quick divorce, speak to your ex so that you can file the case jointly. Also, talk about distribution of properties and parenting issues.try to come to an agreement on the terms prior to filing. It is really helpful when you get a trustworthy and reliable divorce lawyer.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
