Is your spouse deliberately stalling or prolonging the divorce process? Are you eager to resolve these issues quickly and move forward? If so, you’re in the right place, and we can help clarify the situation. So for how long exactly can a spouse drag out a divorce in the UK?
A spouse may prolong the divorce proceedings by being uncooperative in court proceedings. This could involve ignoring meetings with attorneys and making unreasonable demands, such as for child custody or assets, in order to delay the process until their specific desires are met.
If you’ve never navigated the divorce process before, you may not fully grasp its complexities. Once you’ve made the decision to divorce, you likely want the process to proceed efficiently. Let’s explore how long a spouse can delay a divorce and strategies for expediting the process.
The Standard Duration of Divorce Process In The UK
In the UK, the typical duration for a divorce is approximately 30 weeks or 7 months under standard circumstances, particularly in cases of no-fault divorce where both spouses are cooperative. However, if the process extends beyond this timeframe, several factors may contribute to the delay:
- The equal management of finances can prolong the divorce process.
- A sole divorce process often takes longer than a joint process.
- Resolving child custody decisions during divorce proceedings can extend the timeline.
- Disputes over parental rights may lead to prolonged divorce proceedings.
- Incomplete divorce documentation can delay the legal process.
Reasons Why Your Spouse Might Be Delaying A Divorce
A spouse may intentionally prolong the divorce process to secure personal and future benefits related to marriage, including advantages for themselves and any children involved. Regardless of the reasons behind the divorce, a spouse might delay proceedings for various motives:
- One spouse seeks to exploit the other for personal gain.
- The delaying spouse hopes to reconcile the relationship during the extended period.
- One party aims to avoid paying court or solicitor’s fees.
- A spouse seeks to gain complete control over marital assets through prolonged proceedings.
Ways Your Spouse Might Drag Out A Divorce
When one spouse initiates separation, the other may attempt to prolong the divorce process. We’ve previously explored the motives driving this behaviour. Now, let’s examine specific methods your spouse might use to delay divorce proceedings:
- Your spouse avoids acknowledging services (AOS).
- Your spouse makes unrealistically high demands or claims in court.
- Your spouse fails to engage in the necessary court processes.
- Your spouse disregards communication attempts regarding court hearings.
How To Get A Divorce As Soon As Possible
So you and your partner are seeking a divorce, but your partner is attempting to prolong the process, correct? If so, you’re not alone—many divorce cases encounter this situation where one spouse benefits from delaying proceedings. In such circumstances, it’s advisable to hire a solicitor to expedite the process.
Do you need a solicitor to facilitate your divorce? Yes, engaging a solicitor is the most effective way to accelerate the divorce process, as they will handle all legal matters on your behalf. You can schedule a consultation with a lawyer who offers free legal advice to understand the best options for your divorce and its potential outcomes.
Once your solicitor determines that your evidence and arguments are viable with strong prospects of success, you can proceed with applying for divorce. Your lawyer will petition the court to address your spouse’s lack of cooperation and may also assist in obtaining interim child custody arrangements until final orders are issued.
How To Get A Divorce If Your Spouse Refuses
Encountering a direct denial of a divorce request from your spouse can be challenging, especially as it prevents you from initiating the first step of the divorce process. To proceed with filing a divorce petition in such a case, you will need to establish a solid basis. Here are steps to take:
- Provide proof of your spouse’s refusal to return the Acknowledgement of Service (AOS) form, which is typically required in divorce proceedings.
- Utilise the services of a process server to deliver the divorce papers to your spouse if they are avoiding acceptance or acknowledgment.
- Request the court send a serving notice to your spouse’s relatives if traditional methods of service have been unsuccessful.
