Divorces are seldom friendly transactions, even uncontested ones. Stalling a divorce can happen when one party does not want the divorce, is bitter about it, or when they are trying to buy time to manipulate finances. Dragging out a divorce is not only unfair and manipulative, it usually ends up being emotionally and financially draining for everyone involved.
If you are involved in a divorce in New York with an uncooperative spouse, you should get the guidance of an experienced New York divorce attorney to discuss your options.
Why Would One Spouse Choose to Drag Out a Divorce?
Spouses often use unfair tactics in divorces. Sometimes it is a matter of revenge, or if one spouse doesn’t want the divorce and is hoping that the other spouse will change their mind. One spouse may not like the terms that are being offered for child custody or support. In some cases, the reasons are more nefarious such as one spouse attempting to hide assets.
The reasons for stalling a divorce usually fall into one of three categories:
- One spouse doesn’t expect or want the divorce. This spouse may feel if they keep holding on, their spouse will possibly change their mind, and the marriage can be saved. Unfortunately, these spouses have a difficult time letting go and moving on from a marriage that isn’t working.
- One spouse feels angry and resentful. This spouse may feel completely out of control and act out of anger and bitterness toward the other. They want to see that spouse suffer through months or even years of a long, drawn-out divorce to feel some sense of control or even revenge.
- One spouse is motivated by financial reasons for delaying the divorce, running up attorney’s fees, leaving the other without financial resources, delaying support payments, or hiding assets.
Signs that Your Spouse May Be Dragging Your Divorce Out
Some spouses use tactics for stalling a divorce that comes down to pure manipulation. Some signs that you may be dealing with manipulative behavior are when
- Your spouse keeps rescheduling meetings with your mediator or between your lawyers.
- Your spouse avoids service of the court documents or fails to sign the documents.
- Your spouse makes false accusations against you.
- Your spouse frequently changes lawyers.
- Your spouse refuses to answer or return your calls, texts, or emails.
- Your spouse keeps making unreasonable demands.
- Your spouse keeps filing useless motions in court.
While divorce often just takes time, feeling stalled by your soon-to-be ex-spouse is never a good way to begin your new chapter. While there is no deadline for a divorce, you don’t have to sit around and wait for an uncooperative spouse. You may have legal options available to you.
Divorcing Without The Other Spouse’s Consent
Getting a divorce is never easy, but there are certain circumstances that can make it more difficult. In some cases, one spouse may not want to get a divorce and refuse to respond to the summons. While other times, a person may have a hard time finding the other spouse and serving them divorce papers.
In New York, there are two ways to get a divorce without the consent of your spouse. These are “no signature required” divorce and divorce by publication.
In a divorce process, the divorce papers are formally served to the non-filing spouse. They are then required to respond to the summons within 20 days in order for the process to proceed. However, if the time allotted for the non-filing spouse to respond has passed and there is a lack of response from them, they will be considered “default” and the divorce may still proceed.
A default divorce is only possible if both spouses knew about the filing of the divorce. If the spouse has not received a divorce summons, a default divorce cannot be obtained.
A divorce by publication happens when the filing spouse is not able to locate the other spouse. This usually happens when the couple has been separated for years and has not maintained any contact. The filing spouse may not know where their ex lives or works. In such situations, it may be possible to obtain a divorce by publication.
To prove you tried every avenue possible to locate your spouse, the court will require you to complete a process to document all the actions you made to find the other spouse. If you still have not been able to find your spouse after the process ends, then you’ll be required to publish your notice of the divorce in the local newspaper for three weeks. If your spouse does not contact you after that, the divorce proceedings can begin.
Hiring a Skilled New York Divorce Attorney
If you find that you are trying to navigate a divorce with an uncooperative spouse, your New York divorce attorney can request a hearing to address the issues you are experiencing. If your spouse then disobeys court orders, he or she may find themselves in serious trouble and may even face jail time.
Don’t waste any more time than necessary with a spouse who is trying to drag out your divorce. Ryan Besinque and the experienced team of New York divorce lawyers at the Law Office of Ryan Besinque may provide options to force your spouse to comply with the process. We have the experience it takes to help guide you toward the resolution you need to move forward. Call us at (929) 251-4477 or contact us online to schedule a free consultation.
