Dealing with Delaying Tactics in the Divorce Process in New Jersey
Even if delaying the divorce process takes longer and causes higher costs for both parties, still some partners will do whatever is necessary to prolong it. Know how to identify common strategies to delay a divorce, top motivations for why this occurs, and how to deal with it.
Getting a divorce is hard enough. Sure, in a lot of cases, both spouses want the divorce, and they’re fairly amicable in addressing all of the elements that must be sorted out in doing so. But in some cases, divorces just aren’t easy to work through, because of conflict, resentment, disagreement about terms, or even disagreement about whether the divorce should happen in the first case. When this happens, one spouse might delay divorce proceedings, hiding behind legal maneuvers to draw out the process. They may do this because they don’t want to get a divorce; or, they feel spiteful and want to make you suffer for as long as possible by using the process as a way to drain you emotionally. Or, they could want to drain you financially through the process of dissolving the marriage, drawing it out so that you rack up hefty attorney and court fees. Whatever their reason, there are many implications that a delayed divorce can have. If you’re going through what should be a swift divorce process but is being manipulated by your ex, you need a skilled family law attorney on your side. Contact a member of our team at Bronzino Law Firm today at (732) 812-3102, and read on to learn what your spouse might be up to by delaying your divorce.
Time and Money Implications if Divorce is Delayed in NJ
Obviously, a delayed divorce can have substantial financial implications. The longer a spouse uses delay tactics, the more attorney fees you will accrue. And, in the case that Superior Court: Family Part court hearings are extended without resolving the issues that brought you there, court costs will grow. What would be a relatively short process if both spouses are collaborative in the divorce proceedings can become a months- or even years-long process when a spouse delays or tries manipulative tactics to stall.
Common Tactics Spouses Use to Slow Down the Divorce Process
Causing Emotional Harm
There are few reasons a spouse may wish to delay a divorce that come from a benevolent place. Usually, there are darker undercurrents to tactics used to delay a divorce. If the divorce is particularly contentious, the spouse may simply be attempting to hurt the other emotionally as well as financially. Drawing out a lengthy divorce places a great strain on an individual’s capacity to function effectively in professional environments, with the family, and in the divorce proceeding itself. Some of the ways this tactic of emotionally exhausting a spouse plays out is through a spouse reneging on verbal agreements regarding the use of shared accounts or properties during the divorce, resulting in the need to revisit and battle over those informal agreements, instead of focusing on the larger matter at hand.
Making Each Step in the Divorce Longer
They may also stretch out the discovery process during which asset information from each side is gathered; a delaying spouse may request documents across varying intervals instead of all at once, or they may hold out on providing the information requested. If one refuses to provide requested information during the discovery process, the other spouse may have to file a motion to recover the documentation. And in some cases, a disgruntled spouse might even claim domestic violence, which understandably requires a lengthy investigation, even if you are falsely accused.
Furthermore, in our society, a lot of damage can be caused by financially disempowering a spouse. Knowing this, a bitter spouse may try to stress their financial resources through stalling. This could take the shape of simply drawing out the process, so attorney and court fees skyrocket. Or, in order to protect financial assets, a spouse could resist turning over documents in the discovery process or even hide assets so that the other spouse has to file a motion with the court to retrieve these documents, adding time and money to the process. A spouse may stall so that they do not immediately have to make spousal support or child support payments.
And, if a spouse is repeatedly requesting couples counseling or another shot at the marriage, and then they are showing evidence of stalling divorce procedures, it is likely that they are doing so on purpose in hopes that their ex might reconsider the divorce altogether. These are all sticky situations that require the expertise, experience, and insight of a veteran divorce attorney to address.
What if my Spouse Refuses to Sign the Divorce Documents?
If a spouse does not agree with the proposed terms of the divorce, the process can come to a standstill and become incredibly lengthy. In some cases where agreement cannot be reached, the divorce will go to litigation, at which point a judge will make the final determination.
Contact our Brick and Sea Girt Offices, Where a Family Lawyer Can Help You Reach a Divorce Resolution
If your spouse is using delay tactics, you need to be represented by a skilled divorce attorney who will navigate the tactics in an expedited way and be proactive in countering any underhanded attempts to harm you emotionally or financially. Coming to a divorce resolution doesn’t have to feel like going to war, but, unfortunately, sometimes it does. When that happens, an experienced lawyer will use their knowledge and skill to block, counter, and resolve issues that the opposing party brings forth. This includes seeing the tactics at play and moving towards litigation sooner rather than later instead of seeing the process drawn out for nothing.
Our family law team at Bronzino Law Firm favors mediation, collaborative settlement, and swift and fair divorce if we collaboratively determine that this is the right path for you. Where that isn’t possible, we go to bat for you and swing hard. If you’re looking to quickly dissolve your divorce in a just and fruitful manner, or find an advocate who will fight tooth and nail to best represent your interests in Sea Bright, Point Pleasant, Bay Head, Howell, Tinton Falls, Rumson, Red Bank, and other towns in Monmouth and Ocean County, you’ve come to the right place. Reach out today at (732) 812-3102 to discuss your case and get started, or connect with us online.