Why divorce takes so long

Am I Ready for a Divorce? Pasadena Avenue, Pasadena, CA Divorce taking too long! However, it could also be any of these other reasons. Mandatory 6-month waiting period. You have a reason to delay prosecution. Lawyers or parties or court schedules. There is another pending case related to your case and the issues in that case must be resolved first. Technical difficulties, such as: The Court lost your file. Or the court reporter cannot find the transcript.

OR, it could be your divorce lawyer. In which case, please consider getting a new lawyer. Have a case like this? Get in Touch Now Schedule a Consultation. Spousal Gifts and Community Property. Preparing For Divorce. Appreciating Your Spouse. Fiction Friction. Your Divorce Details are not Private in California. Tags: best divorce attorney in Los Angeles , California community property law , divorce long time , divorce mediation lawyer , divorce taking too long , Kelly Chang , Pasadena prenup lawyer , why is my divorce taking so long.

Matthew S. Technology and Marriage and Divorce Uncategorized. Our Locations Pasadena: S. All Rights Reserved. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Of course, as with most answers from an attorney, it depends. There are a few reasons why a divorce can feel like it drags on, but it is important to understand that in many situations, it does not have to.

A divorce can be resolved relatively quickly, but it greatly depends on the mindset of the parties. If the parties do not have a mindset focused on resolution, it can be hard to reach an agreement and resolve the outstanding issues. All these factors can come into play when calculating how long your divorce proceedings will take.

Divorce does not have to take a long time. In Arizona , where I am licensed and practice, a divorce case can be completed in as little as 60 days. Typically, this occurs during an uncontested divorce where the parties can reach an agreement or already have an agreement that just needs to be put into writing.

We cannot submit a Consent Decree to the court until 60 days after the Petition for Dissolution or Petition for Legal Separation is served on the Respondent opposing party. But this waiting period does not mean that there is no work to be done.

During this period, the parties can work on the divorce settlement or fine-tune the language of their settlement agreement. This will allow the parties to submit their Consent Decree or other agreements to the court on that 60th day.

As soon as the time-frame passes, we submit the documents to the court for approval. But this really only works during uncontested divorce, when parties are able to reach an agreement quickly. If parties are not able to reach an agreement quickly, it can prolong the amount of time it takes to obtain the divorce. When parties are unable to reach an agreement, it can prolong the time it takes to obtain a divorce. This is completely understandable.

It can take time for the parties to get into a mental space that is more conducive to reaching an agreement. This is one reason why our law firm recommends our clients seek help from a counselor to assist them through the divorce process. Let's say they are a member of the same private tennis club as one of the involved parties, though they have never met. Just the fact that they belong to the same club should be disclosed to prevent an appearance of bias.

It's a Catch 22 for these guys. They have the same requirement as a public judge to disclose things, but they are also getting paid differently. If you follow the money, that's a cause for concern in trying to protect the public from a perceived bias by the fact finder," he explained. Take the best private judge in the world So is there a bias? Perhaps there is, but perhaps not. His business is predicated on getting cases from law firms," Kaspar added.

Ouderkirk "did screw up" because he didn't "disclose" the information about working with Brad Pitt's lawyer. Opposing counsel can also cause delays, and attorneys must use discretion in determining the process for addressing these delays. Attorneys acknowledge the time commitments of opposing counsel, but occasions arise when zealous representation mandates measures that serve to impose deadlines.

Clients tend to understand the reality that their attorneys and opposing counsel are responsible for multiple cases, not just their own. Discovery: In the absence of voluntary production of documents and information from opposing parties, attorneys resort to the formal process of gathering documents and information, which is called Discovery.

Multiple rules govern the procedure, timing, and scope of information and documents that parties can obtain from each other in the context of litigation. The discovery rules typically give the responding party from whom documents and information are requested thirty days to produce the documents or object to their production. Time extensions, which are nearly always automatically granted by the court, can extend the time at least another thirty days.

Objections to the production of certain documents and information cause even further delay. If the parties cannot resolve the disputes arising from the objections, then the court conducts a hearing to address them.

Depending on the volume of cases in the county where the case is pending, the court might not be able to hold the hearing for several weeks or even a few months. At the conclusion of such a hearing, the court often mandates that some or all of the requested documents or information are to be produced but will still allow additional time for them to be submitted.