Why Is My Divorce Taking Too Long?

So, you’ve done it all. You’ve made the hardest decision possible in your life and you’ve gone through with it too. But why is the divorce taking so long? Shouldn’t everything be done by now? Or do you need to hire another family attorney? Well, here are some reasons why your divorce process might get delayed.

Your Spouse Is Delaying It On Purpose

Divorces might be hard, but they’re also the time for vengeful spouses to take one last shot of revenge, and as unpleasant as it sounds, it’s pretty common to occur. This can be the case in uncontested divorces and when you go ahead and file for divorce, your spouse will intentionally make it harder for you to proceed by delaying it.

Delays can occur by not responding to your complaint till the last minute, not making appearances in the court, and so on. This can be quite frustrating, but luckily there are some steps that you can take.

You can make a complaint against the other party and prove that they’re intentionally trying to delay things that could be wrapped up quickly. If the court finds some sort of ill will behind the delays, then they can take action and proceed with the rest of the case without them, so that’s a huge relief. But, just a heads up, this happens more often than you can imagine, and sometimes, even courts are helpless in these matters.

The Court Needs More Evidence

If the reason for your divorce was something along the lines of domestic abuse, neglect, or something that crosses the non-negotiable line of morals in relationships and marriage, then the court is going to ask for evidence to prove said claims.

Wherever evidence gets involved, then you better believe that things are going to grow more slowly towards the finish line, because these claims are not something to throw around randomly. They need to be investigated properly and the case will require more witnesses, whether it be actual witnesses of the abuse or neglect or character witnesses of each party involved in the divorce proceeding.

These things can take months and even years to wrap up, because sometimes, either witnesses aren’t available immediately or they don’t want to participate in the proceedings, for whatever reason, so it’s important that you mentally prepare yourself for the unexpected delays in these court hearings, because it’s not going to be a smooth sail. Fingers will be pointed and it can take a toll on your mental health, so it’s better to develop a thick skin and get through this rough tidal wave, onto the other side, where things will, hopefully, be peaceful and calm.

There’s Child Custody Involved

A divorce can take anywhere between 8 to 12 months to finalize, but if you add child custody and settlement in the mix as well, then it can be prolonged to almost 2 years. That’s bonkers if you think about it. However, the court needs to go through all necessary things to hand over the custody to the right parent and there’s a lot of background work that needs to be done before important decisions can be made. So, if you’re expecting your divorce to get wrapped up quickly, then think again.

Child custody cases coupled with divorce proceedings can be pretty hard for the courts and parents equally because the court needs to keep the interests of the child in mind, while the parents need to come to terms with the fact that whatever the court decides is better for their kid.

There also might be different cases, like abuse, neglect, and overall bad living conditions that the court needs to keep in mind before making a just decision. This is why these proceedings can take a bit of time, but it’s all worth it in the end if you stay on track and have a skilled child custody attorney Fairfax VA on your side.

The Court Schedule Is Packed

This is a bummer, but it’s true. Family district courts can have their schedules extremely packed and overfilled to the point where your proceeding can be pushed back farther and farther. District courts work on many cases and they’re the last hope for a lot of people who have tried everything.

There is also usually a shortage of lawyers and judges available and the limited number of people working there will take these cases, but since they already have so much on their plates, they won’t be able to immediately go through your case, as there are about a hundred or more cases stuck in the pipeline for them to conclude.

So, yes, things can be a bit messy in district courts, which is why it’s recommended that you get a good lawyer who can streamline the process and make it somewhat quick and easy for you. Granted, they will cost you a lot more than district court lawyers, but they’re also going to try to get things done as quickly as possible so that you can go about your life, and that’s enough reason for you to hire them as your divorce attorney and get the proceeding started.

There’s No Cooperation

Not all couples are willing to separate amicably. This doesn’t necessarily mean that they have ill will or bad intentions in their minds for the other party involved. Sometimes, they just can’t come to the same decision and be on one page with a certain agreement. This is what leads to unnecessary delays, even in somewhat friendly divorces.

There might be a clause in the divorce agreement that you guys can’t come to terms with. One might request more alimony than what the other person is offering. Some people might not be comfortable with their child visitation rights and all of these things can be challenged in court, which in turn, will lead to delays because the court wants everyone to go about their way cordially and they are responsible for coming up with ways to do just that and that can take some time.

It can be very hard and you might want everything to move at lightning speed, but that’s not always possible, so you just need to breathe through the process and hope that everything gets settled soon. This very thought is what keeps people going and pushing through this tough time.

You’re Representing Yourself

Unless you’re a lawyer and you know how these things work, representing yourself isn’t always the best option. If you don’t know anything about divorce proceedings and simply want to represent yourself, because it’s “inexpensive”, then you better get ready for the delays because they’re going to be inevitable.

You want to opt for a lawyer because they’re more knowledgeable about these things and they can get the paperwork drafted, meetings set up, etc., faster than you can even imagine. Yes, they’re going to charge you for it, but anything is better than those irritating delays.

Conclusion

These reasons, as frustrating as they can be, are pretty common to occur and you just need to rein yourself in and go through this unpleasant time because it’s really easy to lose your cool in these situations. So, hire a divorce lawyer Fairfax VA and follow their advice.