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Why A Divorce May Drag On

The Micklin Law Group-Why A Divorce May Drag On

Many men have thought about getting divorced for months or years, so once they actually put the plan in motion they hope things will be resolved quickly. Unfortunately, even a quick divorce can take months to conclude. This may happen if family law judges are overwhelmed with cases, or it may happen because an attorney isn’t well-equipped to handle the task at hand. Most commonly reasons, a divorce will drag on because of the actions of one of the people ending their marriage.

If you and your spouse cannot agree on a settlement or custody and visitation issues, your case can slow to a snail’s pace. Compromise and cooperation are the keys to ending your marriage as quickly as possible. Here are three of the main reasons a divorce can seem as if it’s taking forever.

A Lack of Cooperation

If the divorce isn’t amicable, one party will often do what they can to delay or complicate the process. A bitter or resentful spouse is much more likely to cause problems just to make you miserable. If your spouse isn’t ready for a divorce, they may drag their feet as they attempt to win you back. They may not provide vital information, or they may only respond at the very last minute to a question your lawyer poses. Or she may argue endlessly about small matters such as who takes possession of a chair. I’ve even seen a spouse suddenly object to things she previously agreed to. All of this slows down the process.

Sadly, divorce negotiations New Jersey where one spouse is uncooperative rarely go smoothly. Heading to court may be your only option, and this will make the process last much longer.

Issues with The Kids

Understandably, child support, child custody and visitation can become very emotional issues for both parents. And unless the children are very young, their desires need to be considered, as well. Traditionally, giving custody to the mother was routine. But there’s good news for dads: recently, courts have been more willing to consider granting shared – often 50/50 – custody. Of course, a judge will only agree to this type of custody if it would be in the best interests of the children. Since several studies have shown the importance of having a relationship with both parents, it’s not usually difficult to convince a judge that shared custody is best.

Sometimes mothers dig in their heels about custody and refuse to create a parenting plan outside of court. They may not take kindly to the father requesting an equal custody schedule. However, this is one area where many family law judges would recommend not compromising just to end your divorce more quickly. If you need to go to court to protect the integrity of your relationship with your child, that is probably your best option. After all, what could be more important to a dad than the time he gets to spend with his kids?

The Case Is Complicated

While many divorces are fairly simple to resolve, some are unusually complicated. The couple may have significant assets, including real estate, retirement accounts, investments, fine art or collectables, and more. Each step in a complex case can take months to resolve as both sides go back and forth, and at times an independent valuation may be required. Bringing in another third party can be one of the most time-consuming parts of the divorce process. All of this will delay the overall timeframe for completing a divorce action, even if you and your wife are cooperating.

While it isn’t common, an attorney may actually be the one to complicate the case. They may want to increase their billable hours, but it’s more likely that an attorney simply doesn’t have experience as a divorce lawyer for men and doesn’t understand what you’re going through. This is why it pays to consult an attorney who has experience protecting men’s and fathers’ rights during divorce and other family law cases.

There can be legitimate reasons for trying to extend a divorce case. But, more often, when a wife is slowing things down deliberately, it is misguided and hindering a speedy conclusion to a complicated process. If you or someone you know is contemplating a divorce and want to discuss how long it may take, feel free to call The Micklin Law Group’s family law firm for men in New Jersey. You can contact us on our website or give us a call at 973-562-0100.

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