What to Do If Your Spouse Is Intentionally Delaying Divorce

Are you dealing with frustrating delays in your divorce case that seem intentional? It can be frustrating and disheartening to feel stuck when you’re ready to move forward, but it’s possible to identify and push back against delay tactics. A knowledgeable divorce attorney can help you take action, protect your rights, and work toward a resolution that allows you to start the next chapter of your life.

The Underlying Reasons for Intentional Delays in Divorce

Intentional delays in the divorce process can stem from a variety of motivations or tactics. Understanding the underlying reasons for these delays can help you develop strategies to address them effectively. Below are several examples of why a spouse might intentionally slow down the divorce process:

• Financial Gain: One common reason for delaying divorce proceedings is the hope of a financial advantage. A spouse might stall the process to remain eligible for marital benefits like health insurance or to take advantage of the financial status quo, such as continued access to joint bank accounts or control over shared assets. This tactic can be particularly effective if one spouse is less financially secure or dependent on the other’s income.
• Custody Advantages: A spouse might prolong the divorce to influence custody arrangements in their favor. By delaying, they might hope to demonstrate a more stable home environment or longer-term involvement in the child’s daily activities, which could sway custody decisions. This tactic is common in cases where one parent wants to undermine the other’s chances of gaining custody by drawing out the process and creating a new status quo.
• Wanting to Hide Assets: Another possible reason for delays could be the concealment of assets. A spouse might need time to hide or deplete marital assets to prevent them from being fairly divided. This could involve complex financial maneuvers such as transferring money to secret accounts, overpaying taxes, or making large, unnecessary purchases.
• Emotional Attachment: Sometimes, a spouse might not be ready to let go of the relationship emotionally. Delaying the divorce could give them more time to process the end of the marriage or to attempt reconciliation. This approach often involves requesting unnecessary negotiations or multiple mediations, which can significantly extend the timeline of the divorce.
• As a Legal Strategy: A spouse might use delay tactics as a legal strategy, especially if they believe time is on their side. This could involve repeatedly changing lawyers or filing needless motions to complicate the proceedings. Such tactics can exhaust the other spouse’s resources and patience, which could lead to a more favorable settlement for the delaying spouse.
• Punitive Intent: In some cases, a spouse might intentionally drag out the divorce simply to punish the other party. This can be a form of emotional manipulation, where the delaying spouse aims to inflict stress and increase legal fees for the other party. This tactic is common in contentious divorces where one spouse feels wronged or wants vengeance.

Comprehensive Guide to Identifying Delaying Tactics

Knowing how to identify delay tactics in divorce can help you anticipate and counter these strategies. One clear sign of a delay tactic is when your spouse repeatedly misses deadlines. This might include not submitting necessary documents on time or failing to respond to legal inquiries. These missed deadlines can slow down legal proceedings considerably.

Another possible indicator of intentional delay tactics is frequent changes in legal representation. If your spouse switches lawyers multiple times, it could be a strategy to stall the process. New lawyers need time to understand the case before they can proceed, which can cause delays.

You should also watch for unnecessary legal motions. Your spouse might file repeated requests for the same information or submit motions that don’t seem to advance the case. This can be a strategy to drag out the divorce and increase costs on your end.

Pay attention to their readiness during negotiations, too. A spouse using delay tactics might come seemingly unprepared for discussions or mediation. They might claim they need more time to consider the proposals or refuse to make decisions to push back the timeline.

When you recognize these tactics early on, you can discuss them with your lawyer, who can devise counter strategies to keep your divorce moving forward.

Strategies to Address and Counteract Delays in Divorce Proceedings

Strategic action is often necessary to address and counteract intentional delays in divorce proceedings. Let’s explore some strategies you could try to prevent further stalling and protect your interests.

Set Clear Deadlines

Work with your lawyer to establish firm deadlines for the exchange of information and completion of necessary steps. If your spouse misses these deadlines, your lawyer can request the court to impose penalties or make decisions based on the information available. This puts pressure on the delaying spouse to comply or risk unfavorable rulings.

Request Court Interventions

If delays become excessive, consider asking for a court intervention. Your lawyer can file a motion to compel your spouse to respond or proceed. The court can then set strict deadlines or even order sanctions against your spouse if they continue to cause delays.

Limit Negotiations

While negotiations are essential in divorce, aimless discussions can lead to prolonged delays. Set boundaries for negotiations by limiting the number of sessions or the topics you will discuss. This approach can focus the negotiations and reduce opportunities for stalling.

Use Alternative Dispute Resolution

Mediation and arbitration can help you resolve issues more quickly than traditional court proceedings. These methods are less formal and can encourage more direct and efficient communication between parties, allowing you to sidestep delays commonly associated with court calendars.

Stay Organized and Prepared

Maintain thorough records and stay prepared for all meetings and court dates. Strong organization on your part can counteract any attempts by your spouse to create confusion or delay proceedings by claiming lack of information or preparation.

Contact Divorce Attorney in Dallas Today

If you’re facing delays in your divorce and need help moving things forward, contact Balekian Hayes for an initial consultation. With our focused guidance and legal support, our family law attorneys can help you streamline your divorce process and counter any stalling tactics your spouse tries to use.