When you are entering into a divorce suit, it is no surprise
that you would want to get the proceedings over with as soon as possible. A
divorce is never pleasant, even when you are the one who initiated it. However,
a divorce takes some time to get finalized, and California law requires a
cooling off period before finalizing. The soonest any divorce can get finalized
is in 6 months, which is the cooling period required for the finalization.
However, in reality a lot of factors affect the divorce proceedings and it may
take a lot more time to address all the legal issues involved. The more issues
there are for the court to look at and resolve, the more time your divorce is
likely to take. Your Los Angeles family lawyer may not be able to do anything
to speed things up.
A shorter marriage, where there are no issues of children,
common property and assets, and other support issues, is likely to be resolved
much faster than one which has custody and alimony issues. The more numerous
and complicated the legal issues are, the more likely it is that the divorce
proceedings will be lengthy and time consuming. Some of the time taking issues
include visitation rights, custody, child support, spousal support, etc. You
also have to take into consideration the personality of the divorcing parties.
Some people are more litigious than others, and may disagree with everything.
Some people may also deliberately try to delay the process because they simply
cannot accept the inevitability of the divorce. In such cases, the divorce
proceedings may carry on for several years before finally reaching their
conclusion.
Factors that Can Delay Divorces
One key factor that can delay the divorce is the personality
of the partners. However, the personality of their lawyers is also an important
consideration. An attorney, who is prompt, focussed and efficient, will be able
to move things smoothly. However, if on the opposition is an attorney who wants
to litigate over everything, may keep delaying things. This usually happens
with attorneys who are representing wealthy clients, whose pockets run deep.
They charge exorbitant fees and often justify their charges by litigating
unnecessarily and fighting over everything.
The court's calender is another thing to be wary of. Some
courts are busier than others, and the court hearings may be postponed or
delayed due to unavailability of the court rooms. This could also delay the
proceedings for at least some months. Some of the other issues to consider
include the level of discord between the divorcing parties. Even the simplest
of cases may take a long time to be resolved, if the parties are unable to
reach any agreements. Such people may fight over the smallest of things,
including the family pets. Both parties have to fully acknowledge everything,
and be honest in the courtrooms. If the level of honesty is not complete – for
instance, someone does not disclose the exact extent of assets they own, this
could lead to a disaster for both of them. This can cause unnecessary delays.
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