7 Things That Can Delay a Florida Divorce
Divorce in Florida can be a lengthy process, even when both spouses are on the same page regarding ending the marriage. However, certain things can prolong the divorce process even further. Understanding what can prolong the divorce process is vital for ensuring you avoid unnecessary delays. It can help you prepare and move through the legal process as smoothly as possible.
Below are seven of the most common things that can increase the timeline of a divorce in Florida.
- Locating a Spouse for Service of Papers
Some spouses intentionally avoid service of divorce papers. When this happens, it can lead to delays. It can be challenging to locate a spouse who does not want to be found. A spouse may change their address, phone number, or work location. However, under Florida law, if, after making reasonable efforts to locate a spouse, they cannot be located, the court may authorize service by publication in a local newspaper and allow the divorce to proceed.
- The Case Is Contested
In Florida, divorce can be either contested or uncontested. An uncontested divorce is one where the spouses agree to all terms of the case. This type of divorce can be finalized quickly. On the other hand, a contested divorce, which involves spouses not being able to reach an agreement on the terms of the divorce, can take time to resolve. Usually, the more the disagreements, the longer it takes to finalize.
- Complex Property Division
Florida is an equitable distribution state, which means that marital property is divided between spouses during a divorce fairly. If a couple owns complex property, such as business interests, intellectual property, high-value personal property, and real estate, it can prolong the divorce process. Disputes might arise over what counts as marital property. Also, determining the value of such assets might be challenging.
- Child-Related Issues
Divorce cases involving child-related issues, such as child support and timesharing, usually take longer than those that do not. In Florida divorce cases, child-related matters must be resolved depending on the child’s best interests. However, despite spouses knowing this, emotions can run high, leading to unreasonable actions that might result in delays.
- Unwillingness To Cooperate
Another thing that can prolong the divorce process by months or even years is if one spouse is unwilling to cooperate. If a spouse refuses to provide financial disclosures, attend depositions, or compromise during mediation, the divorce process will take longer. Such delays can also lead to additional legal costs.
- Alimony Disagreements
Disagreements about alimony, also called spousal support, can be a major source of delay in Florida divorce cases. If one spouse seeks alimony and the other contests it, additional evidence and hearings may be required to resolve the matter. This can cause delays.
- Incorrect or Incomplete Paperwork
Divorce involves a lot of paperwork, including the Petition for Dissolution of Marriage and financial affidavits. Missing documents, mistakes on documents, or incomplete information can delay the process when the court rejects them or orders a party to refile. That is why it is crucial to work with an experienced divorce lawyer who can help ensure everything is accurate.
Contact an Orlando Divorce Lawyer
Our Orlando Divorce Lawyers at The Arwani Law Firm can help you overcome the obstacles that can cause delays during the divorce process. Contact us today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0049/Sections/0049.011.html
