What should I do if my husband delays divorce proceedings?

If your husband is delaying the divorce proceedings, it can be frustrating and emotionally taxing. Fortunately, there are steps you can take to move the process forward, ensure your legal rights are protected, and minimize unnecessary delays. Below are some key actions you can take if your husband is intentionally hindering the divorce process:

1. Understand the Reason for the Delay

• Communication Issues: Sometimes, delays are due to misunderstandings or lack of communication. Try to have an open conversation with your husband to understand if there is a specific reason for the delay, such as unresolved financial matters or concerns about child custody.
• Intentional Delay: If your husband is intentionally trying to delay the divorce (e.g., to avoid financial obligations or prolong negotiations), you may need to take more formal legal steps to push the process along.

2. Consult Your Lawyer

• Legal Advice: Consult with your divorce lawyer to discuss the reasons for the delay and the best course of action. Your attorney can help you understand your options and advise you on how to proceed.
• Filing a Motion to Expedite: If your husband is unnecessarily delaying the process, your lawyer can file a motion to expedite the divorce proceedings. This motion asks the court to intervene and set a deadline for the completion of certain aspects of the divorce process.

3. File a Petition for Divorce

If you haven't already done so, file a petition for divorce in the appropriate court. This legally begins the divorce process and triggers the timeline for responses and proceedings. Once the petition is filed, your husband will have a specific time frame (usually 30 days) to respond.

If your husband fails to respond, you may be able to request a default judgment, meaning the court may proceed with the divorce in your favor even without his participation.

4. Motion to Compel

• Court Intervention: If your husband is refusing to cooperate or is intentionally stalling, your lawyer can file a motion to compel with the court. This motion requests that the court order your husband to take certain actions, such as responding to requests for information or attending hearings.
• Failure to Comply: If your husband continues to delay despite the court’s orders, the court may impose penalties or sanctions, including fines or other consequences.

5. Request Temporary Orders

• Temporary Relief: If your husband’s delays are causing financial or emotional hardship, you can request temporary orders from the court. These orders can address immediate needs such as child support, spousal support, custody arrangements, or even property distribution, allowing the divorce to proceed more smoothly.
• Temporary Orders Can Prevent Further Delays: By establishing temporary arrangements, the court can ensure that your basic needs are met while the divorce moves forward.

6. Mediation and Settlement Options

• Mediation: If delays are caused by disagreements over the terms of the divorce (e.g., division of assets, child custody), consider seeking mediation. A mediator can help facilitate discussions and speed up the process by helping both parties reach an agreement outside of court.
• Settlement Negotiations: If your husband is delaying due to reluctance to agree on the terms, your attorney can negotiate on your behalf to reach a settlement. A well-negotiated settlement can avoid prolonged litigation and help finalize the divorce more quickly.

7. Request a Divorce Hearing or Trial

• Court-Ordered Hearing: If your husband continues to delay the divorce despite your efforts, you can ask the court for a hearing to resolve the outstanding issues. If necessary, the case may proceed to trial where the judge will make a final determination on the divorce terms.
• Final Judgment: If your husband is still uncooperative, the court may issue a final judgment of divorce even in his absence, especially if he has failed to participate in the proceedings.

8. Keep Detailed Records

Document Delays: Keep a record of all communications, delays, and steps you’ve taken to move the divorce forward. This documentation can be helpful if you need to show the court that your husband is intentionally stalling or not cooperating in the process.

Example

If your husband has not responded to the divorce petition within the allotted time frame and is actively delaying the proceedings, you can file a motion for a default judgment, asking the court to proceed with the divorce. If the delay is affecting your financial stability or well-being, your attorney may also file a motion to request temporary financial support or child custody orders.

Conclusion

In conclusion, while divorce proceedings can sometimes be delayed for legitimate reasons, if your husband is intentionally stalling, there are legal remedies available to move the process along. Consult with your attorney, consider filing motions with the court, and explore mediation or settlement options to ensure that the divorce proceeds in a timely and fair manner.