Rushing a divorce process is not always ideal. Hasty decisions can lead to an unfair division of assets, especially to the more vulnerable party. However, it can also get more emotionally draining the longer it takes to close a case, not to mention costly. Getting the right timing to end the process quickly is still better for those going through a divorce. The question is, how can they avoid delay tactics if the other party is not being cooperative?
Common delaying tactics
Delaying the divorce process is quite common and may happen for various reasons. It could be personal, like when the other party does not completely agree with the separation. It can be asset related – either one party is trying to hide a property or trying to uncover hidden wealth. Whatever the reason is, the following are some examples of delaying tactics that usually happen in divorce proceedings.
- Not submitting required documents for discovery
- Not attending or rescheduling hearings
- Changing attorneys
- Refusing to respond to any forms of communication
- Seeking temporary court orders (child support modification)
- Challenging the document’s validity
These are just examples. To expedite a divorce process while ensuring fairness, adopting a well-thought-out strategy is imperative:
A strategic approach to overcoming delays
One way to speed up the divorce process involves choosing a negotiated settlement, which encourages cooperation. This entails spouses reaching an agreement through collaborative talks and compromises, often guided by legal representatives.
By choosing this approach, couples can avoid the pitfalls of rigid bargaining, which often leads to deadlocks. Instead, they focus on understanding the underlying interests. For instance, let us say that the uncooperative party is delaying the process because the other party sets an inflexible demand for spousal support.
Through the negotiated settlement, they can discuss that the requested amount is based on the need to cover child-related expenses due to primary parental responsibility and other bills. On the other hand, the other party may discuss their financial concerns until they reach an agreed amount or conditions for paying spousal support.
By being aware of the above common delaying tactics, couples can streamline the process of divorce while ensuring a fair outcome for both parties. Adopting a strategic approach in a negotiated settlement, which emphasizes open communication, and seeking professional support, can help uncover the reason behind the need to delay. This can lead to a more timely and equitable divorce resolution.
