How Long Can a Spouse Drag Out a Divorce
Updated: Can a Resistant Spouse Unreasonably Delay Divorce Proceedings?
Posted on in Divorce
UPDATE: The information below continues to utilize to many divorcing spouses. However, the COVID-xix pandemic has created additional delays in divorce cases. Spouses who are going through the divorce process should be aware that since the beginning of the health crisis, many courts take closed or accept restricted the types of cases that are handled through in-person court appearances. In many cases, courts will merely agree in-person hearings to address emergency matters. Spouses should check with their attorney and their local court if they need to accost these types of emergencies, which may include petitions for orders of protection in situations involving domestic violence or requests for emergency child custody or parenting fourth dimension orders that accost children's safety and well-being. For non-emergency matters, courts may agree virtual hearings or conferences, assuasive spouses to accost other divorce-related issues without unreasonable delays. As more people go vaccinated, and the risks of infection subtract, courts will probable brainstorm reopening for in-person proceedings, and spouses can work with their attorneys to determine the best ways to approach their instance and address any delays.
About people, once they have concluded that divorce is inevitable, want the whole procedure to exist over and done with as quickly every bit possible. But what happens if one spouse tries to unreasonably delay the legal process?
One spouse can definitely drag out divorce proceedings by battling the divorce and endlessly dickering over settlement terms. But ultimately, they cannot end a Michigan divorce from happening.
Why a Spouse Might Endeavor to Filibuster Divorce Proceedings
There are many valid reasons why one spouse might fight hard over sure terms of a divorce settlement and take a long time to reach a reasonable compromise. All the same, a spouse may likewise apply delaying tactics with less worthy motives.
Here are some common reasons that ane spouse might cause meaning delays in divorce negotiations:
- They still promise to salve the spousal relationship.
- They have developed strong opinions most how the children should be raised which are in direct opposition to their spouse's beliefs. When a major rift of this sort has developed, child custody and parenting time decisions may take a long time to resolve.
- They are interim out of hurt, acrimony, or spite.
- They are deeply concerned about their futurity fiscal security and want to fight for the largest possible share of marital assets.
- They think they can utilise delaying tactics to put financial or emotional pressure on their spouse to hold to their terms.
- They are being pressured by their family or a new partner regarding certain settlement terms, such as spousal back up payments.
It tin can be difficult to predict when and whether a given divorce will be subject to these types of stalling tactics. In such situations, an chaser skilled in collaborative divorce and arbitration tin be helpful in uncovering the underlying motivations and finding a solution that works for both spouses.
How Michigan Courts Handle Delays in Divorce Settlements
The authoritative orders that govern the conduct of circuit courtroom judges in Michigan state that divorce trials should take identify within one yr of the filing of the complaint. In other words, a couple has one yr to endeavour to resolve their issues through negotiation or mediation.
Subsequently that, the guess is likely to order both parties to appear in court to debate their example. The gauge will then make the final decisions about the terms of the divorce. The trial procedure could have most half-dozen more than months, depending on how decorated the court is.
The bottom line is that even with the most recalcitrant spouse, one can reasonably expect that a Michigan divorce should exist finalized in less than two years.
Seek Counsel From an Experienced Farmington Hills Divorce Lawyer
If you are because divorce, contact a Novi, MI divorce attorney before taking whatever other action. At Elkouri Heath PLC, we accept more than 20 years of feel in Michigan divorce law and are skilled in helping couples resolve the most difficult issues that arise in divorce negotiations. Call our function at 248-344-9700 for a free consultation.
Sources:
https://www.oakgov.com/courts/excursion/Documents/ao/2021-01.pdf
https://world wide web.3rdcc.org/videos-on-filing-for-divorce
https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/HTML/AOs/AOs-Responsive%20HTML5/index.html#t=AOs%2FGroup1%2FAdministrative_Orders%2FAO_No_2013-12_%E2%fourscore%94_Revised_Caseflow_Management_Guidelines_and.htm
Source: https://www.elkouriheath.com/oakland-county-divorce-lawyer/can-a-resistant-spouse-unreasonably-delay-divorce-proceedings
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