What If My Former Spouse Is Dragging Out The Divorce

How An Uncooperative Spouse Can Hinder Divorce Proceedings

A disgruntled spouse can use a variety of tactics to delay a contested divorce. Common tactics to drag out a divorce include frequently changing legal representation, making unreasonable demands, requesting extensions, not signing orders and court documents, and filing useless motions. Unfortunately, if not addressed firmly and promptly, these tactics can significantly delay the divorce process.

Avoiding Service

Once a spouse files a divorce petition with the court, the other spouse must be formally served with court papers. Avoiding service is a typical method spouses use to hide from or hinder a divorce. Without serving papers, your divorce can not progress any further.

However, if your spouse continues to avoid service, your lawyer could file a request for substituted service. With a court order approving substituted service, the filing spouse can serve their ex by other means, such as publication in a newspaper or serving another adult at their residence.

Filing Petty Claims

False accusations and petty claims are commonplace in contested divorces as a tactic to complicate and elongate the divorce process and discredit the other spouse.

One spouse may make allegations of adultery or domestic violence that require substantial time from the other spouse to disprove if false. Although disproving these allegations will likely elongate the divorce process, this is essential to ensure the court doesn’t view you poorly, which could be reflected in the final settlement.

In addition to a delay tactic, petty claims, and motions can be used by disgruntled exes to run up attorney fees for the other spouse. If this is suspected, your attorney may be able to petition the court to order your ex to pay your attorney fees for the petty claims. Not only will this recover your additional costs, but it will also discourage your ex from filing further claims and can help to speed up the process.

Poor Communication

If a spouse refuses to reply to emails and communication, likely this will extend the amount of time required to complete your divorce. Spouses often ignore calls and emails or provide vague answers to slow the process. Depending on the stage you are in your divorce, there could be options available to keep momentum in your proceedings.

If your spouse has been served with the initial divorce papers and has not filed a response with the court within 20 days, you may be able to proceed with a divorce by default judgment. If no response or counterpetition is filed, your attorney can schedule a default judgment court hearing. In this hearing, if your spouse has still not responded, a Judge could grant your divorce without the need for your ex’s input.

If your spouse did respond to the initial divorce papers and you are not eligible for a default judgment, there could be other options available if your spouse is stalling through poor communication. Your lawyer can help you encourage communication and movement in your divorce through many strategies, including setting a trial date or filing motions.

Similarly, if your former spouse is avoiding or not complying with discovery, your attorney can file a motion to compel discovery with the court. If ignored, this can result in penalties for your ex, such as being found in contempt of court or required to pay the costs of discovery. Often this is a particularly beneficial approach for moving the process along.