Deciding to get a divorce is hard enough for the parties involved. Although many divorce proceedings can go smoothly, there are many ways parties can delay the entire process. If you are in the middle of a divorce and concerned about how long it will take to conclude the legal process, you should know the common delay tactics in divorce. This knowledge will help you learn more about ways a party, in your case, can drag the process. The divorce process can get delayed when:
Refusing to Sign the Divorce Paper
If your spouse does not sign the divorce paperwork or refuses to be served, your divorce can be stalled. If you are the petitioner, you assume that all the separation terms agreed upon are formalized when your spouse signs the papers. Unfortunately, your spouse can decide not to sign them. In this case, personal service must be done to them. However, they can still refuse service by not answering phone calls or their doors, not going to work, and others. Other steps must be taken to continue the divorce process when this happens. If your spouse continues to avoid service following repeated attempts, the family court can allow alternative service measures.
Filing of Frivolous Motions
When your spouse files several frivolous motions, the family court proceedings can get slowed. As a result, your spouse can be overwhelmed with unnecessary paperwork to get a legal advantage.
Rescheduling Court Proceedings
Although unexpected life challenges can make it essential to cancel or reschedule mediation and court proceedings, your resentful spouse may repeatedly try to reset hearings or cancel mediations. When this happens, the hearing date or mediation schedule must be set many times, delaying the legal proceedings.
Not Responding to Discovery Promptly
Your spouse could not respond to discovery on time to delay the proceedings. In Wisconsin, the divorce process includes the discovery process, which includes getting vital information like financial records, retirement documentation, social media records, and others from the other spouse. The requested party should respond to requests within a set deadline. Not responding can negatively affect the non-responding spouse and further delay your divorce.
During a divorce, changing attorneys can occur for a lot of reasons. For example, your spouse may feel their current attorney is not representing them well or want to hire a more aggressive lawyer. But if they decide to change their lawyer, the proceedings should be placed on hold, delaying the process further.
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