Why is my divorce taking so
long?
Being in the middle of a divorce is
never a fun experience and it seems to last forever. While
most individuals would like a divorce to end quickly there are several factors
that can lengthen out a divorce. These
factors include the following:
1) The type and
complexity of the contested issues. When
custody is the issue, the divorce usually takes longer as a child custody
evaluator may need to be involved.
Self-employed spouses also increase the time of a divorce due to the
necessity to conduct complex discovery to determine the actual income.
2) How
quickly the parties agree to and schedule a mediator. Mediation is required in Utah and should be
scheduled as soon as the parties make their initial disclosures, including a
Financial Declaration.
3) The
intensity of feelings between the parties and whether there is an inclination
to settle. This tends to be the factor
that drags out a divorce especially when there has been infidelity. Unfortunately for the parties, the lawyers
tend to benefit most from this type of litigation as their fees increase significantly
without having to add too much substantive work. This is especially true in
states (like Utah) where mediation is required as the actual mediation tends to
be a waste of time, but the lawyers still get paid.
4) The
tenacity and desire for litigation of the lawyer of your spouse. Some lawyers
just like to litigate and lose focus on the parties and finding a workable
solution for the parties. This is often
unfortunate in a divorce with children as the parties will have to deal with
each for years to come and the lawyer walks away. Care must be taken in the selection of an
attorney to make sure that if you are inclined to work out a resolution, you
should find an attorney who is willing to do so as well.
4) Utah
has a 90-day waiting period that can only be waived under certain circumstances.
For more information please visit Attorney Drew at
www.attorneydrew.com
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