As a family law attorney here in Texas, I’ve seen plenty of clients dealing with a spouse who is trying to drag out a divorce. Simone’s divorce seemed to be proceeding amicably, but despite getting along fairly well with her soon to be ex-husband James, she suspected he was dragging out the whole process. She was smart enough to alert me.
“Chris, James isn’t fighting me on any of the main issues, the kids, the house, he’s even saying I can keep the car he loves so much, but then he just doesn’t do what he’s supposed to do to get this moving,” Simone explained.
“Yes, I became suspicious that might be the case right from the start when he took his time filing his answer after you filed the formal papers. Simone, this isn’t uncommon,” I told her.
Understanding the Reasons for Delay
“But why would he do it? I mean he says all the right things but doesn’t do any of them. What can I do about it?” she asked.
“Isn’t that exactly why you told me you finally decided to move ahead with the divorce. He told you he’d make all the right changes to improve your marriage but then didn’t follow through,” I said. “Maybe this is a continuation of the same personality traits that led to the end of your marriage.”
“Interesting Chris, maybe, that’s pretty insightful,” she said.
“I’ve seen a lot in my day and know how to manage this situation. First, it’s important to understand the reasons James might be delaying the process and know what we can do to combat his tactics,” I told her. “Please allow me to give you an overview of why James might be doing this and what we can do about it. Then we can make a plan.”
“Sounds great Chris, I’m glad you’ve seen this before and know how to manage it,” she said.
Divorce, even under amicable circumstances like Simone’s, can be a long and arduous process, especially if one party is dragging their feet after the divorce petition is filed. But how long can a spouse drag out a divorce when they’re actively trying to prolong it? The answer depends on factors like state law, case complexity, and the specific divorce tactics employed.
This post explores how a divorce can be delayed, the motivations behind these actions, and provides practical advice for those in a protracted divorce process. How long can a spouse delay divorce proceedings? Let’s find out.
How Long Can a Spouse Drag Out a Divorce: Exploring Tactics and Timelines
Texas has a mandatory waiting period of 60 days before a judge can issue a final order to finalize a divorce. This is intended as a cooling off period and to make sure the couple avoids a hasty decision. However, while the waiting period is mandatory, it does not mean the divorce will automatically finalize after 60 days. If unresolved issues remain, the process can extend well beyond that time frame. At times, one party might delay the process intentionally, making the divorce case more complex and time-consuming.
Common Delay Tactics
A spouse seeking to prolong the divorce process can use common tactics that impact the duration of the proceedings. Some may involve making false accusations. Let’s examine some of these tactics.
- Avoiding Service: Dodging the initial service of divorce papers is a common stalling tactic that disrupts the legal process and creates unnecessary delays. This might involve ignoring process servers, changing addresses, or leaving the state. This creates obstacles and delays, wasting time and resources.
- Filing Unnecessary Motions: Flooding the court with unnecessary motions on minor points creates paperwork, delays court hearings, and prolongs the divorce. This tactic can be used for financial gain or to simply frustrate the other spouse, often requiring additional court orders to resolve the disputes.
- Unreasonable Demands: Presenting outrageous settlement demands creates a deadlock in negotiations. These demands, often involving asset division, property division, or spousal support, obstruct meaningful discussion and extend the divorce process.
- Refusal to Cooperate: An uncooperative spouse may engage in non-compliance with discovery requests, withholding documentation, and rescheduling meetings, all of which frustrate the process. This non-engagement prevents the divorce from progressing efficiently.
- Constantly Switching Attorneys: Repeatedly changing attorneys causes delays as each new lawyer needs time to review the case. This creates a continuous cycle of onboarding and preparation, making the process take a long time and extending the overall timeline.
Why Prolong the Inevitable?
Several reasons can explain why a spouse might delay divorce proceedings, including child custody disputes or the need for business valuations. It’s not always about intentionally dragging out the process; sometimes legitimately complex issues simply require more time. It’s also a very difficult time emotionally, and many find it hard to come to terms with ending a marriage. Seeking legal advice helps navigate the reasons for divorce delays.
Emotional Reasons
Denial, grief, or hope for reconciliation can fuel delaying tactics. The emotional turmoil of divorce can lead to resistance and attempts to salvage the marriage.
Delaying the process becomes a way to postpone accepting the reality of the separation.
Financial Motivations
Financial incentives, like continued spousal or child support payments, or issues related to prenuptial agreements, can motivate delays, even while increasing legal fees for both parties. Extending the divorce allows the receiving spouse to benefit from these payments longer. There may also be strategic maneuvering related to property division or access to shared financial accounts.
Tactical Advantages
In high-conflict divorces, delay tactics can be used to gain leverage, inflict emotional distress, or enact revenge. This can involve filing unnecessary motions, making false accusations, or refusing to settle. It’s essential to seek legal representation from divorce attorneys experienced in handling such tactics and who can inform you of your legal options.
Combating Delay Tactics
If your divorce is being drawn out, it becomes a test of patience and strategy. Engaging a skilled divorce attorney is crucial. A Texas divorce attorney can provide guidance based on the Texas Family Code and assist in stopping the stalling tactics by potentially negotiating a divorce settlement or preparing you for the trial. They can also help with navigating the complexities of protective orders.
Let’s take note of five tactics you can use if your spouse is intentionally dragging out your divorce.
- Document Everything: Keep detailed records of every interaction, missed deadline, and unreasonable demand. This documentation will play a pivotal role in demonstrating a pattern of deliberate delay to the judge.
- Communicate Through Your Attorney: All communication should be handled through your attorney. This creates a formal record and prevents emotional confrontations. It also sends a clear message that you’re prepared to take legal action.
- Motion to Compel: If your spouse doesn’t comply with discovery requests or other obligations, your attorney can file a motion to compel. This asks the court to order compliance, moving the process forward.
- Consider Mediation: While it may seem counterintuitive, divorce mediation with a qualified mediator can help resolve some issues, even with a reluctant spouse.
- Prepare for Final Trial: Be prepared to go to a final hearing if necessary. While most divorces settle outside of court, preparation strengthens your position and shows your resolve.
FAQs about how long can a spouse drag out a divorce
What’s the longest a divorce can take?
There’s no precise answer, but with persistent delaying tactics, a divorce can last for years. The actual duration depends on the parties’ commitment to these tactics, their specific situation, and the legal jurisdiction.
Most divorces, however, resolve much sooner, either through court intervention or when one party runs out of resources or willingness to continue the fight.
Why is my husband dragging out the divorce?
Motivations for delaying divorce vary. Some are emotional, like denial, grief, or a lingering hope of reconciliation.
Others are financial, such as wanting to continue receiving support payments or maintain control over assets. Tactical reasons include gaining leverage, inflicting emotional distress, or exacting revenge.
Understanding the motivation can help you develop appropriate responses.
What if my ex is stalling the divorce?
Meticulous documentation of every delaying tactic is crucial. This evidence should be shared with your attorney and presented to the court. Legal actions, like motions to compel, can help push the process forward.
Conclusion
How long can a spouse drag out a divorce? There’s no easy answer. The divorce timeline depends on various factors, including Texas state laws, case complexities, and individual actions. Remaining proactive, collaborating with your attorney, meticulously documenting delays, and using legal tools like motions to compel can help expedite the process.
Mediation can be the best way to resolve issues, helping couples achieve a financial settlement, even when initial cooperation and open communication seem unlikely. Preparation for trial, even though most cases settle beforehand, strengthens your position and demonstrates your commitment to concluding the divorce. While a spouse can employ various delay tactics, understanding their motivations and working with experienced divorce lawyers can help you navigate this challenging situation.
What is Simone’s Action Plan?
“So what do you think Simone, do you see why James might be dragging this out?” I asked her.
“I do Chris, I think it’s a combination of denial, and not wanting to deal with the financial implications of our divorce,” she said. “Plus as you said, saying the right thing, but doing nothing about it, is part of his personality. Why would I expect anything different from him during the divorce?”
“It’s important we accept the reality of who we are dealing with. Let’s be happy he’s being nice to you. Not all spouses are,” I told Simone. “As long as this remains otherwise amicable, we can deal with the delays with a little more patience combined with a good strategy.”
“Okay, I can be patient given how amicable he is being. But what’s our strategy to move this thing along?” she asked me. “I need an action plan, not just the kind of talk he gives me.”
“For starters, if you are cool with it, all communication is going to run through me. I’ll document all of the interaction with James and his attorney. Hopefully he won’t change attorneys again,” I said. “In each communication I’ll present a reasonable time frame for when we request a response. I’ll document whether he acts in accordance with our requests. We’ll document a good faith effort to make him cooperate for the judge to evaluate if necessary.”
Chris’ Offered Plan
“That sounds good, but would we need a judge to get involved?” she asked.
“We hope not to, just like we hope we can reach a settlement without too much court involvement, but let’s act as if we might need to file a motion to compel where the judge can force him to comply and move the process forward,” I replied.
“Will the judge rule in our favor?” she asked.
“That’s why I’ll document all of our requests and make sure I do it in a way that the judge will see that we are being fair, and that he is just delaying in an unfair manner,” I explained to her. “I promise Simone, with a little more patience, we’ll get this done in due time.”
“Thanks Chris. I like this action plan. I feel much better knowing he won’t be able to drag this out forever,” she said.
Schedule a Consultation With Our Firm to Find Out How Long a Spouse Can Drag Out a Divorce in Texas Divorce
Worrying about how long your spouse can drag out a divorce a Texas divorce can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether your spouse is dragging out your divorce, or you are navigating other divorce related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
