The divorce process is often portrayed as a straightforward path from filing to final judgment, but in reality, it can be subject to numerous delays. Whether due to legal, procedural, or personal reasons, divorces can drag on far longer than expected. Understanding the factors that can cause delays can help divorcing couples prepare for the potential hurdles that may arise.

Contested Divorce Issues

One of the most common reasons a How Quickly Can You Get A Divorce in New York can be delayed is because it is contested. In a contested divorce, spouses disagree on key issues such as the division of assets, child custody, child support, alimony, or debt responsibilities. When spouses can’t reach an agreement, these disputes must be settled in court, which can significantly extend the timeline. The court must review evidence, hear testimonies, and make decisions on behalf of the couple, a process that can take months or even years depending on the complexity of the case.

Court Scheduling and Backlog

Another common cause of divorce delays is the court’s scheduling. Family courts, especially in busy areas, are often overloaded with cases. The availability of the court can limit how quickly a divorce is processed. Even when both parties agree on the terms of the divorce, court availability can impact how quickly the judge can review and sign off on the final judgment. In contested divorces, waiting for court dates, hearings, and trials can extend the process significantly.

Incomplete or Incorrect Paperwork

The divorce process involves a lot of paperwork, and mistakes can lead to frustrating delays. Missing signatures, incorrect forms, or incomplete information can cause the court to reject or delay the filing. Both parties must ensure that all documents are accurately completed and submitted on time to avoid unnecessary delays. Working with a lawyer or legal expert can help prevent paperwork-related issues from extending the timeline.

Failure to Serve Divorce Papers

Serving divorce papers to the other spouse is a critical step in the process, and failure to properly serve these papers can cause a significant delay. If one spouse cannot be located or refuses to accept the papers, the court may require alternative methods of service, such as publication in a newspaper. This can take extra time and slow down the divorce proceedings.

Disputes Over Child Custody and Support

When children are involved, disputes over custody and child support can delay the divorce process. Both parties may need to negotiate parenting plans, visitation rights, and financial responsibilities, which can be a highly contentious and emotional process. Courts may also require mediation or evaluations by a family expert to help resolve these issues, further lengthening the time it takes to finalize the divorce.

Requests for Temporary Orders

During the divorce process, one or both spouses may request temporary orders for things like spousal support, child custody, or exclusive use of the marital home. While these requests are necessary to manage affairs during the separation, they can also cause delays as the court schedules hearings and issues rulings.

Legal Maneuvering or Stalling

In some cases, one spouse may intentionally try to stall the divorce by refusing to cooperate, contesting minor details, or filing frivolous motions. This tactic can be used to prolong the process in hopes of wearing down the other party or gaining a more favorable settlement.

Divorce delays can be frustrating, but many factors contribute to the timeline of the process. Whether it’s due to legal disagreements, court availability, or errors in paperwork, understanding potential obstacles can help divorcing couples better navigate the journey. Couples who want to avoid delays should consider pursuing an uncontested divorce, agreeing on terms early, and seeking experienced legal guidance to ensure a smoother, quicker resolution.