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Do I have any options if he intentionally stalls the divorce?17 Jul 2017

This article is from Nima Haddadi, his website is https://www.duilawyerslosangeles.com. Everyone hopes their marriage lasts a lifetime. Most people get married with the plan to stay married for the rest of their lives, to have kids, to make memories, and to grow old together. Sadly, some marriages end long before a lifetime has a chance to occur. There are many reasons for divorce. Some of the most common reasons include financial stress, irreconcilable differences, adultery, lies, and abuse. No one should feel bad if they file for divorce from a spouse they cannot live with anymore no matter the reason, but you should know you do have options.

Some couples are able to file for divorce and handle things like mature adults by making decisions together, putting their kids first, and just handling their situation with grace. Others fight over everything. Some are worried their spouse will take too much of their money, too much time with the kids, too many assets, and many other situations. There are tears, arguments, and ugly moments. Some people simply decide they aren’t getting divorced even when the other spouse wants it.

If you file for divorce and your spouse is doing everything in his power to stall the process to stay married to you, you do have options. One of the first things you should do at this point is retain an attorney if you haven’t already. An attorney can help make this process end faster and more to your liking, but you’re certainly not required to hire an attorney when your spouse is stalling.

Lack of Response

Most states require a mandatory waiting period between filing for divorce and actually going through with the finalization. If this is a law in your state, you have no option but to wait. You cannot speed up this situation, but you can wait patiently for the waiting period to end.

Once divorce paperwork is filed, your spouse has a specific amount of time to respond to the paperwork. This response allows your spouse to agree to or contest the paperwork you file. If everything on the paperwork is fine with him, he can sign it and send it back to allow the divorce to proceed. If he’s not happy with the terms listed on the paperwork, he’s legally able to contest the divorce. Depending on where you live, he has a certain number of days to contest before he’s required to send back the paperwork.

If he chooses not to sign it or contest, he might be stalling. He might tell you he has no intention of filling the paperwork and granting you the divorce you want. However, he might not know you can seek a default judgement if the timeframe ends without a response. A default judgement allows the judge in your case to give you what you asked for in the paperwork you filed initially without allowing him a second chance to contest.

This can only be done if you can prove your spouse has the paperwork and refused or failed to respond. If your spouse is missing, moved, or you have no idea where he is, most jurisdictions allows you to file a notice in the local paper with the information in it. If your spouse still fails to respond, you can go ahead with your divorce.

Slow Response

It’s almost more frustrating when your spouse is stalling by doing everything as slowly as possible. He waits until the last day to respond to contest. Then he continues to contest everything. He waits until the last moment he’s legally allowed to provide documentation or answers to do so. He’s making sure this divorce takes as long as legally possible, and it’s frustrating.

If your spouse is rescheduling hearings, avoiding mediation, and rescheduling depositions and other hearings regularly, you can ask a judge to put a stop to it. Depending on where you live, this might be possible once your spouse has delayed something more than two times. This leaves him legally unable to fail to appear when summoned, and you can finally move forward.

You have rights, and you should know what they are before you file for divorce. If you’re looking to handle this as quickly as possible on your end, it’s to hire an attorney. They know the law, they know what should happen at each step, and they can make things happen a lot faster for you with their knowledge of divorce law.

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