My divorce is approaching the the 1-year mark and there’s no apparent end in sight. First, is this normal? If not, is there anything I can do to move the process along faster?
Without knowing more specifics about your case, it’s hard to say if this is the norm (or not). Each case is unique and there isn’t a set timeline for it to be completely finalized. Regardless, we’ll list some circumstances we’ve seen which tend to add additional time to a divorce.
A spouse taking ludicrous child custody positions that are not consistent with the children’s best interests
This includes cases involving false allegations of domestic violence or child-abuse, parental alienation, or the children being used as leverage against the other party.
Self-employed spouses
These cases alone are more complex without additional issues that each side can add – either the self-employed spouse falsifies (lowers) their income or the other spouse claims the self-employed spouse makes a lot more money than he or she actually does.
Property division and cases that involve splitting community or separate assets
This can add time if there isn’t agreement from both sides.
Your spouse’s lawyer is dragging
They often do this by giving a spouse unreasonable expectations and then billing a case excessively to make as much money as possible.
Possible Solutions
A sanctions motion and California Family Code 271: It gives you the ability to seek attorney fees and costs against your spouse and punishes unreasonable behavior regardless of your need. Discuss this further with your attorney.
The problem may be on your end: You may have unrealistic expectations, or your divorce lawyer is churning the file – “churning” is spending time (and your money) unreasonably and unnecessarily. Let’s say your attorney is ethical and legitimate, but unable to move your case along. They may be too busy to get to your case, or lack the experience needed to proceed toward completion. In these instances, speed up your divorce by setting reasonable goals and timelines with them. Examine the facts of your case and find the origin of any delay causing factors. Then, if appropriate, discuss with your attorney to arrive at a solution. If you’re still feeling stuck, feel free to contact our offices to discuss your situation.