Divorce proceedings are rarely straightforward, often involving complex emotional and legal issues. One common concern among those navigating a divorce is the use of delaying tactics by one party. The short answer is: yes, divorce courts generally frown upon the deliberate use of delaying tactics. While strategic maneuvering is expected to some degree, intentionally prolonging the process can have serious consequences. This post will explore why courts discourage such tactics and what actions might be considered "delaying."
Why Do Courts Discourage Delaying Tactics in Divorce?
Divorce courts prioritize efficiency and fairness. Unnecessary delays create several problems:
- Increased Costs: Protracted legal battles significantly inflate legal fees for both parties. This financial burden disproportionately impacts those with less financial resources.
- Emotional Distress: The drawn-out nature of a divorce already causes significant emotional stress. Delays exacerbate this, hindering the healing process for all involved.
- Uncertainty and Instability: The uncertainty caused by prolonged proceedings affects children's well-being and the ability of both parties to move forward with their lives.
- Resource Consumption: Court resources are finite. Cases that are unnecessarily prolonged tie up valuable time and attention that could be used to address other urgent matters.
What are Considered Delaying Tactics in Divorce?
Several actions might be viewed as delaying tactics, depending on the context and judge's interpretation:
- Repeated Requests for Continuances: Continuously requesting postponements without legitimate reasons can be seen as an attempt to delay the proceedings.
- Unnecessary Discovery Requests: Overly broad or irrelevant discovery requests designed to overwhelm the opposing party and slow down the process are often frowned upon.
- Failure to Respond Promptly: Unreasonably delaying responses to court orders, discovery requests, or other communications can be interpreted as a deliberate attempt to stall the process.
- Filing Frivolous Motions: Repeatedly filing motions lacking merit solely to consume time and resources is a clear sign of delaying tactics.
- Withholding Information: Intentionally withholding relevant information to impede the progress of the case is considered a serious offense.
What Happens if Delaying Tactics are Used?
Judges have several options when they detect delaying tactics:
- Sanctions: The court may impose sanctions, such as fines or court costs, on the party engaging in delaying tactics.
- Case Management Orders: Stricter case management orders may be implemented to keep the case on track.
- Adverse Inferences: The judge might draw negative inferences against the party using delaying tactics, potentially impacting the outcome of the case.
- Referral to Disciplinary Committee: In extreme cases of misconduct, the judge may refer the matter to the appropriate disciplinary committee for review.
Can I Take Action if My Spouse is Using Delaying Tactics?
If you believe your spouse is deliberately delaying the divorce proceedings, you should:
- Document Everything: Meticulously document all instances of what you perceive as delaying tactics, including dates, times, and specific actions.
- Consult with Your Attorney: Discuss your concerns with your attorney to explore possible legal remedies.
- File a Motion with the Court: Your attorney can file a motion with the court to address the delaying tactics and request appropriate action.
What if my attorney is delaying the process?
It's crucial to remember that your attorney is your advocate. If you feel that your attorney is unintentionally or intentionally delaying the process without justification, it's important to discuss your concerns with them directly. If you're still unsatisfied, you have the right to seek a second opinion or even change attorneys.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specifics of each case are unique, and it is crucial to consult with a qualified legal professional for guidance on your specific situation.
