Does Divorce Always Take A Long Time?
Many people facing a divorce want it to be over as quick as possible. While this is understandable, as divorce is often one of the most stressful events a person goes through during their lifetime, it is important that all individuals facing or contemplating a divorce understand what can lengthen a divorce proceeding.
Divorce is a complex, multifaceted process that can be prolonged for various reasons, and one of the most significant factors contributing to an extended divorce timeline is high conflict between the parties involved. High conflict divorces are characterized by intense disputes, unresolved emotional issues, and prolonged litigation, all of which can drag out the divorce proceedings. Therefore, it is hard to say or predict how long any particular divorce may take. In short, however, note every divorce takes a long time. If the parties are on the same page regarding the terms of their divorce, an agreement can be drafted and signed by both parties for the Judge’s approval in a matter of days or weeks.
One of the most critical aspects of any matrimonial/family legal matter is the willingness of the other party to cooperate. If the other party is hard to get a hold of, intentionally dodges communication, or engages in “scorched-earth” tactics, it can severely drag out the legal proceedings of a divorce. This is why it is so important to hire the right attorney. Understanding why high conflict divorces take longer requires examining several key elements that contribute to the delay. In this week’s blog, we will explore these key elements in detail.
Emotional Turmoil
When there is emotional turmoil or when emotions are running high, the partners involved may struggle to negotiate or make rational decisions. Feelings of betrayal, anger, and resentment often cloud judgment, making it difficult for both parties to agree on critical issues such as asset division, child custody, and support arrangements.
This emotional volatility often leads to stubbornness, with one or both parties refusing to compromise or communicate effectively. When individuals are emotionally entrenched, they become less willing to cooperate, leading to extended negotiations and prolonged legal battles.
Since settlement efforts for divorces are based in negotiations, when one side (or both) become so stubborn, the negotiations can stall or stop completely. Of course, this leads to a prolonging of the entire process, as if there is no agreement, and no movement towards an agreement, there will likely be no settlement. In some cases, the divorce can be scheduled for Trial, which is often months out from the date of scheduling. When a contested divorce heads to Trial, it is very unlikely for a “quick” divorce.
Child Custody Disputes
When children are involved and a visitation schedule cannot be agreed upon, custody disputes can significantly lengthen the divorce process. High conflict divorces often feature contentious disagreements over child custody and parenting plans. Each parent may have strong, opposing views on what is best for the child, leading to extensive negotiations, mediation sessions, and, in some cases, court trials.
Custody disputes are particularly challenging because they require thorough evaluations and assessments by professionals such as forensic psychologists, social workers, and family counselors. These evaluations are time-consuming and can add months to the divorce process as experts analyze the family dynamics and provide recommendations.
Financials and Asset Distribution
High conflict divorces frequently involve disputes over the division of assets and financial matters. When parties are unwilling to agree on how to divide marital property or allocate financial responsibilities, the process can become highly contentious and drawn-out. A contentious divorce often will involve financial discovery. Discovery can lengthen a divorce, as the compiling and analyzing of years’ worth of financial documents takes substantial time and manpower.
Assets in high conflict divorces can be particularly complex, especially if there are significant investments, business interests, or hidden assets. Forensic accountants and financial experts may be needed to untangle financial issues and ensure a fair division. Their involvement, however, will further extend the timeline for your divorce.
Additionally, disagreements over spousal support can exacerbate conflicts. Each party may have differing expectations regarding financial support and negotiations over these matters can become contentious and lengthy.
Extensive Legal Proceedings
The legal process involves multiple stages, including filing petitions, discovery, negotiations, and court hearings. When conflicts are intense, these stages can take longer to complete. Parties can file emergency motions, write correspondences to the Court, and ignore attempted contact from the other side. All of these things will not only increase the time involved in your divorce, but also the cost.
For example, the discovery process, where both parties exchange information and documents, can be particularly protracted in high conflict cases. Parties may engage in strategic delays or non-compliance, requiring additional court intervention and prolonging of the process.
Furthermore, if negotiations break down or if parties fail to reach agreements through mediation, the case may proceed to trial. Trials are time-consuming and can significantly lengthen the divorce process, as they involve gathering evidence, presenting arguments, and waiting for judicial decisions.
While these strategies can be part of an attorney’s duty to advocate for their client, they can also lead to delays and increased costs. Moreover, high conflict divorces may involve multiple rounds of legal maneuvering and back-and-forth negotiations, as each party seeks to outmaneuver the other. This prolonged legal battle can extend the timeline and increase the overall complexity of the divorce process.
External Influences
External influences, such as involvement from family members, friends, or other third parties, can also contribute to the length of a divorce. When external parties become involved, they often influence the parties’ decisions and exacerbate existing conflicts. They can also cause doubt and confusion when they try and instruct one of the involved parties in the divorce on legal matters.
For example, family members may take sides or offer unsolicited advice, which can further polarize the parties and complicate negotiations. In some cases, external influences may even lead to additional legal disputes or complications if they suggest inaccurate legal advice. Be sure to keep the brainstorming and strategy decisions between you and your experienced divorce attorney.
Mental and Behavioral Factors
Psychological and behavioral factors play a significant role in the length divorces as well. Individuals with diagnosed personality disorders, such as narcissistic or borderline personality disorders, may exhibit behaviors that contribute to prolonged disputes. For example, individuals with narcissistic tendencies may be unwilling to make concessions or acknowledge their partner’s needs, leading to ongoing conflict. Similarly, those with borderline personality disorders may experience intense emotional reactions that complicate negotiations and decision-making.
These psychological factors can impact the ability of the parties to effectively communicate and resolve issues, leading to a protracted divorce process. An attorney experienced in divorces involving narcissists can help you to understand and navigate a drawn-out legal proceeding.
Failed Mediation and Alternative Dispute Resolution Attempts
While mediation and alternative dispute resolution (ADR) methods are often employed as a first attempt in divorce, they can also contribute to the length of the process if they are unsuccessful.
Mediation involves a neutral third party who facilitates negotiations between the parties, aiming to reach a mutually acceptable agreement. However, in high conflict cases, parties are unwilling to cooperate and there may be deep-seated issues that cannot be resolved through the mediation sessions alone. If mediation fails, the parties may need to resort to litigation, which can further extend the divorce process. Often, after a failed mediation attempt, the parties are back at the beginning of the divorce process, with little-to-no agreement having occurred. This can be very frustrating to both of the parties involved and heighten feelings of anger, further inhibiting productive negotiations and lengthening the divorce process.
The Courts
The court system itself can also impact the length of divorces. Court schedules and availability can vary, and in cases with heavy caseloads, delays in scheduling hearings or trials can occur. Additionally, courts may have specific procedural requirements that must be met, and navigating these requirements can add to the timeline.
In high conflict cases where multiple hearings and court appearances may be necessary, the strain on the court system can contribute to delays. The time it takes for a case to be resolved can be influenced by the court’s ability to accommodate the needs of the parties involved, while ensuring that their rules and policies are followed.
We're Here For You
High conflict divorces are often prolonged due to a combination of emotional, financial, legal, and psychological factors. The intense disputes and unresolved issues between the parties involved can lead to extended negotiations, prolonged legal battles, and additional delays. Understanding these factors can help individuals involved in high conflict divorces navigate the process more effectively and manage their expectations. While the road to resolution may be challenging, addressing the underlying issues and seeking professional support can ultimately lead to a more manageable outcome.
As experienced divorce and family law attorneys, our office is skilled at moving cases along efficiently, while still ensuring your interests are represented in your agreement. In addition to a skilled and experienced attorney, it is also important that you work with experienced mental health professionals. They can help you navigate this uncertain period of your life with grace and clarity.
If you are ready to move forward with a divorce or a separation agreement, we are here for you. The decision that you reach following your therapy sessions will help allow you to create the next chapter of your life with understanding, clarity, and purpose. Our dedicated and experienced attorneys will make sure that your interests and needs are heard and advocated for throughout the litigation/settlement process. Our mission is to protect what’s most important to you. You can reach us at [email protected] for more information, or call us at 914.615.9058.
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