California is a no-fault divorce state, meaning whoever files for the divorce does not have to give a reason, such as abandonment or infidelity. If you want a divorce, you simply file with the court and serve the papers on your spouse.
The only requirement is that either you or your spouse has lived in California for the past six months and in the county where you’re filing for three months. After filing, there is a six-month waiting period before the divorce can be finalized.
Simple enough, right? Seems that way, unless your spouse decides to drag things out for whatever reason, perhaps in hopes of reconciliation or because of revenge motives. Then what do you do? You want to move on with your life, but the finalization process is being delayed.
If you’re considering or seeking a divorce anywhere in Los Angeles County, contact the Law Office of Karen S. Brown. Family law attorney Karen S. Brown has seen every stalling tactic and will help you move the process forward as smoothly and quickly as possible, knowing that you want to get on with your life.
Her office serves clients throughout Los Angeles County from Long Beach and Torrance, up through Santa Monica and Beverly Hills, and into the San Fernando Valley cities of Sherman Oaks and Encino, California.
Common Divorce Stalling Tactics
Divorce is quite often a time of great stress and emotions. One spouse may want to prolong the whole process for a variety of reasons. Perhaps they don’t want to reveal all their assets to limit any spousal or child support payment obligations. Or on the brighter side, perhaps, they don’t want to lose the relationship or the living style they’ve grown accustomed to. Either way, one spouse may decide to stall the process.
Some of the stalling tactics often employed include:
- Avoiding any communication with the ex-spouse and their legal team.
- Not signing or returning any documents.
- Not showing up for appointments, canceling at the last minute.
- Filing unnecessary motions with the court.
- Asking for the impossible.
- Making false claims or accusations against their spouse.
- Disregarding their attorney’s advice.
- Attorney hopping, that is, firing one and hiring another.
Common Reasons to Delay a Divorce
In addition to some of the reasons already mentioned, such as a revenge motive, a hiding assets plan, or simply a desire to restore the relationship, some reasons for stalling spouses include:
- They’re angry and are stalling to make their spouse suffer.
- They need time to hide assets.
- They want to secure the lion’s share of the marital assets.
- They’re simply trying to strongarm the process in their favor by making it difficult.
Tips for Getting the Divorce Back on Track
If your spouse is stalling for any reason, you have every reason to counter the stalling tactics and get the process moving again. Remember, of course, that California has a six-month waiting period before matters can be finalized. However, unless the divorce is uncontested or amicable, there will be a lot to get done in that half-year, especially if there are a lot of marital assets to share. Questions of spousal or child support can also be contentious issues.
The judge in your case can be a great asset. Through your attorney, you can ask the judge to order temporary spousal and/or child support payments while the divorce is proceeding. You can also ask the judge to issue sanctions on your spouse to recoup the extra attorney’s fees you’ve had to endure because of the stalling.
If your spouse continues to stall and even refuses to attend mediation, you can ask the court to schedule a settlement conference, which would be held in the judge’s chambers. Your spouse may take matters more seriously when a judge is overseeing the process.
Dedicated and Effective Representation
Of course, all of these moves and motions will require the assistance of an experienced divorce/family law attorney. In Los Angeles County, and even in neighboring Ventura, San Bernardino, and Orange counties, you can rely on the knowledge, experience, and resources of attorney Karen S. Brown.
If divorce looms or you’re suddenly dealing with a spouse who is stalling, contact the Law Office of Karen S. Brown. She will deal with every issue in a compassionate and understanding way and help you make sure your transition in life happens as smoothly and quickly as possible.