Blogs from August, 2021

Most Recent Posts from August, 2021

How Long Can a Spouse Drag Out a Divorce?


Once a party files for divorce, the entire process can get out of control if emotions run high and the estranged couple cannot get together to get the process complete. Divorce is emotional, and for those unable to come to terms with how they feel about the process, it’s easy to let things get out of control. An estranged spouse can drag a divorce out for a long time, whether intentionally or not.

Common stalling tactics including but aren’t limited to:

  • Avoiding communication with the legal team and estranged spouse
  • Filing unnecessary motions
  • Asking for the impossible
  • Failing to keep appointments and canceling last minute
  • Ignoring or avoiding being served court documents
  • Making personally motivated false claims
  • Disregarding their attorney’s advice
  • Attorney jumping, hiring and firing legal representation
  • Intentionally leaving documents unsigned

Not being on the same page about getting a divorce is common. It’s not expected that every single divorce will be cooperative. A mutual divorce is an ideal scenario once you’ve filed, but it’s not likely in most cases. It’s best to be prepared for the ramifications of long-term divorce proceedings. They can be expensive and emotionally draining, so what can you do to bring your estranged spouse over the hump and help them come to terms with the inevitability of the end of your marriage.

Common Stalling Tactics Used to Derail or Slow the Divorce Process

When a divorce isn’t mutual, and it’s contested by one spouse, it can make the process disruptive and filled with emotion and animosity. It’s expected for emotions to be high with such an important issue being addressed, but when the emotionally affected partner purposefully stalls and causes the divorce to drag on longer than necessary, it can be damaging to everyone involved. While it may seem irrational, many disruptive partners hope to stall the divorce in hopes the petitioning party will change their mind and call off the entire thing.

Other reasons a spouse may want to drag out a divorce include:

  • They have financial concerns about their share of the assets
  • They’re angry and want revenge
  • They hope to change their estranged spouse’s mind
  • They need time to hide assets
  • They’re angry about child custody or spousal support issues
  • They’re stalling as a strongarming tactic
  • They want the lion’s share of the marital assets

If your spouse is dragging out the divorce process, an attorney can help you navigate a path forward. You don’t have to be trapped by these stalling tactics.

What to Do If Your Spouse Is Stalling Your Divorce

Your divorce can drag out for a long time. If you’re struggling with a difficult spouse, your attorney can help bring the case back on track. An experienced attorney can schedule a hearing before a judge to discuss the obstacles caused by your estranged spouse. Once your lawyer has presented your situation to the court, your uncooperative spouse could be court-ordered to make certain changes.

Examples of how a judge can help could be any of these, including:

  • Requiring your spouse to pay court-ordered payments, like a temporary child and spousal support order until the divorce is finalized
  • Charging your spouse with contempt of court if they fail to comply with court orders
  • Requiring your spouse to pay attorney fees for stalling proceedings

At The Law Offices of Mark R. Hinshaw, PLC, our attorneys can help you fight stalling tactics in your Iowa divorce case. We can help you fight for the fair and equitable divorce you deserve. Attorney Hinshaw will work to develop a divorce strategy despite your spouse’s uncooperative actions. Call us today at (515) 200-7571 to schedule your initial consultation.