What to Expect in Disputed Divorce?
In principle, the process of divorce is the same for a litigious divorce as for an uncontested divorce. However, there are disagreements between the spouses in one or the other matter, divorce lawyer helps make many things clear. It is therefore difficult to make a general assessment of how long the duration of the divorce is in the case of a contentious divorce. In this type of divorce, there can be many factors that make the process significantly more difficult and prolong the duration.
While this type of divorce is difficult to outline in general, in this article we want to mention a few possible variables that can increase the duration of the divorce. Assuming that a spouse does not disclose their income situation or the amount of their assets to calculate the profit equalization: This can end in a big argument, because in this case the other spouse has to sue him for insight. It usually takes a long time to complete this process.
Another possibility is that neither marriage contract will be put on a divorce agreement. Now the opinions go back and forth and the discussions keep repeating due to the lack of contractual security. That can cost a lot of valuable time.
As you can see, a contested divorce can become the cauldron, though, especially when the parties are in dispute and bitter and wants a spouse not think of a divorce. For more examples of how a divorce can be postponed, see Postponing Divorce in this article.
Speeding Up Divorce: 8 Important Tips
- Divorce by mutual consent
The consensual divorce significantly shortens the duration of the divorce. Discuss all the important questions that the divorce raises with your current spouse and find joint answers to them. Do not leave anything to chance: Everything you clarify now does not have to be dealt with later in a time-consuming manner by or in front of the court.
- Hire only one lawyer
This advice goes hand in hand with a recommendation to divorce amicably. A consensual divorce implies that only one lawyer is involved. If the other spouse also engages a lawyer, the result is a controversial divorce: The duration of the divorce is therefore greatly extended.
- Justify hardship
In exceptional situations, a hardship decision can be requested from the court. A hardship divorce refers to a divorce in a fast-track process due to unreasonable hardship. It is justified by serious misconduct on the part of the spouse, which makes the continued existence of the marriage unbearable. This is the case when one spouse threatens the other with murder, constantly beats up brutally, etc. However, such incidents must be precisely documented and proven.
- Conclude a marriage contract or an agreement on the consequences of divorce
Such contracts are of great value: they make the agreements made in them legally binding and can avoid a lot of arguments. Once a marriage contract or divorce agreement has been drawn up and signed, a spouse can no longer simply say that he does not want to keep the agreements. These contracts shorten the duration of a divorce considerably because they prevent long back and forth.
- Exclude the pension adjustment if it does not pay off
You can shorten the duration of the divorce considerably if you do not have a pension adjustment carried out. Then the duration of the divorce is only about 1 to 3 months. However, if you have been married for many years and have earned different amounts, a pension adjustment is always worthwhile.
- Try mediation to find compromises
A mediator can help the couple find consensus on divorce issues. It creates a neutral discussion framework in which amicable agreements can sometimes be reached more easily and quickly. Successful mediation not only saves a lot of money but also a lot of time.
- Meet all deadlines and act quickly
There are a number of things that the couple must do in a timely manner throughout the divorce process. Inaction usually comes with a great loss of money and time. For example, if you take a long time to fill out the forms for the pension adjustment or if you do not behave cooperatively, you must expect a long delay.
- Do not seek legal remedies
After the judge’s divorce ruling, the couple has exactly one month to object to the divorce ruling. But this extra month can be bypassed: In the case of a divorce resolution, the spouse who has hired a lawyer can waive legal remedies.
8 Ways to Postpone Divorce
Delaying a divorce should be considered carefully. You should always be aware of the psychological and financial burden a divorce is in most cases.
For this reason, we do not want to talk about tips, but of possibilities in terms of delaying a divorce. Of course, there are some benefits to a spouse that deliberately lengthening the procedure can bring. It is best to discuss the risks and possibilities of tactical delay with a lawyer.
- Not consenting to the divorce
If a spouse does not agree to the divorce petition, the basis for a litigation divorce is laid. If the spouse initially consented to the divorce, but changed his mind during the course of the proceedings, he only has to declare a revocation. The revocation can be declared at any time at the family court or directly at the divorce date. Important: The revocation can be submitted until the end of the oral hearing.
- Disagree on the following matters
The classic reason for delaying a divorce decision is disagreement in divorce-related matters. Particularly with regard to the rights of custody, rights of access and maintenance, many circumstances have to be taken into account, all of which have an effect on the duration of the divorce. Filing a lawsuit regarding maintenance is a possible and typical way of exhausting the duration.
- Expert Opinions for Gain Adjustment Procedures
If an appraisal is required for the appraisal of real estate (houses, apartments, etc.) or companies in order to delay a profit equalization procedure, this may well be in the interests of a divorce party. Even those who submit a request for information about maintenance, gain compensation or other consequential matters at the court hearing will hold up the divorce for a while. Just like the one who refuses to provide information on these matters.
- Denying the year of separation and attempting reconciliation
If a spouse disputes the year of separation at the court hearing, this leads to complications in the divorce proceedings. The couple must then prove that the year of separation was lawfully spent or that it was not lawfully spent. Normally, the spouses live separately from each other, which is why a registration form should be enough for the new place of residence. It becomes more complicated if the spouses lived in the same apartment during the year of separation. If there is no written evidence of when the year of separation began, one partner can simply deny the point in time when it began.
In addition, it is possible that the spouse who disagrees with each other claims that an attempt at reconciliation of over 3 months had taken place. The fact is that an attempt at reconciliation of this length cancels the year of divorce. In other words: If the couple tries to reconcile for more than 3 months, the court will assess this as a successful reconciliation. It does not matter whether the couple separates again after a four-month attempt at reconciliation, for example. If the attempt at reconciliation exceeds 3 months, the couple is considered reconciled. The year of separation is thus canceled. If the couple then wants to divorce again, they have to start the year of separation again.
- Failure to meet deadlines and take a long time
Anyone who takes their time in the divorce process when concrete actions are required of them can greatly drag the divorce process out. Not everything that comes from the court has to be answered immediately, and not every request for action from the lawyer has to be complied with immediately. This is how one or the other husband thinks who thinks nothing at all about the divorce or is perhaps interested in being in the official status of marriage for as long as possible. Possibly to secure certain rights, such as maintenance. Ultimately, a spouse is only forced to take action if the court threatens them with a penalty. In principle, the leeway that is available for delaying is very large.
- Not appearing at the divorce appointment
If a spouse does not attend the divorce date and is unable to provide sufficient reasons, there is a risk of a fine. In any case, the absent person has to justify his non-appearance with a medical certificate. Other serious reasons may also be considered, but they must always be proven. In such a situation, the defending attorney must file a motion to reschedule the court hearing.
If, for the umpteenth time off in court, the court may even arrest the remote lasting spouse arrange. Then this will be forcibly brought to court.
- Appealing the divorce decision at the last moment
After the court hearing for divorce and the announcement of the divorce decree, the couple can contest the divorce decree for another month. In other words, if a spouse files a complaint against the decision on the last day of the month, the decision will not become final. The conclusion of the divorce proceedings is thus dragged out again. However, a new court date must be set and the lawyer must continue to be paid.
- Apply for legal aid
If you are entitled to legal aid, you can apply for this to extend the duration of the divorce by a certain amount. The examination for approval usually takes about 2 weeks. Eligible are people with a very low income. Regardless of whether you are entitled or not: You can always apply for legal aid.