In most cases, the process of moving forward with a contested divorce can take much longer than anticipated. The delays can create additional stress, and understanding why things are taking so much time can help set realistic expectations. Several factors contribute to the extended timeline, and knowing what to expect can help us feel more prepared throughout the divorce. As we address some frequently asked questions, the reasons for these delays will become clearer, giving us a better idea of what the process involves. For those navigating this challenging path, working with an experienced attorney can provide support and guidance. If you need help, a contested divorce lawyer is available to discuss your case.
Why Does Dividing Assets In A Contested Divorce Take So Long?
One of the primary reasons contested divorces take longer to resolve is the division of assets. When both parties disagree on how to split properties, financial accounts, and other assets, it can drag out the process. Valuing assets like real estate, retirement accounts, and business interests can take time, especially if there’s a dispute over their worth. The more assets there are, and the more disagreements exist, the longer it takes to reach an agreement or receive a court ruling.
How Does Child Custody Impact The Length Of A Contested Divorce?
Child custody is another significant factor that can extend the timeline of a contested divorce. If both parents cannot agree on custody arrangements, the court must step in to make a decision. This process requires time to gather information, including evaluations, interviews, and sometimes expert opinions, to determine what is in the best interest of the child. The more contentious the custody battle, the more delays we can expect in finalizing the divorce.
What Role Does Court Availability Play In Extending The Divorce Process?
When it comes to determining how quickly a contested divorce can be resolved, court availability will play a major role. Divorce cases are just one type of case on the court’s busy docket, and scheduling hearings can be a challenge, particularly in areas with high caseloads. If we need multiple hearings, as is common in contested divorces, the case could be delayed for weeks or even months between court dates, adding considerable time to the process.
How Can Disagreements Over Spousal Support Affect The Timeline?
Spousal support is another common area of disagreement in contested divorces. When one party requests alimony, and the other disputes the amount or even the need for it, the back-and-forth can extend the process. Gathering financial information to support each side’s argument takes time, and the court may require multiple hearings to reach a final decision. In some cases, additional financial assessments might be needed to help the court decide what level of support is appropriate, which can cause further delays.
Why Do Some Contested Divorces Go To Trial?
While many contested divorces are settled through negotiation or mediation, some go to trial, which significantly increases the time it takes to finalize the divorce. Trials require thorough preparation, including witness testimony, document submission, and legal arguments from both sides. Additionally, the court’s schedule may cause delays, and the trial itself can span several days or even weeks, depending on the complexity of the issues being resolved. This added layer of time and complexity often makes trials a last resort in contested divorce cases.
Preparing For The Extended Timeline Of A Contested Divorce
A contested divorce can be lengthy and stressful, but understanding the factors that contribute to delays may help us manage expectations. Dividing assets, settling child custody, and resolving spousal support disputes are all time-consuming, especially when emotions run high. Each case is unique, and the process will look different for everyone, but knowing what might cause delays can help us prepare. If you’re facing a contested divorce, consider reaching out to legal professionals for guidance. Attorneys like those at The McKinney Law Group can help you face these challenges. Contact us today for assistance in resolving your contested divorce case.