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Are You Frustrated That Your Divorce Case Is Protracted? Having your divorce case protract can be emotionally and financially taxing.

Change of attorneys can cost time and money. Your new counsel must also spend time reviewing all documents related to your case before being appointed as your new legal representative. Here are some factors which might explain why your divorce proceedings have taken so long:.

Court Scheduling

Divorce can be an emotionally taxing experience. Unfortunately, either party may become too overwhelmed by emotions to respond promptly to requests from attorneys and courts for financial documents or parenting schedules – slowing the case considerably and adding years onto its duration.

Given that many divorce cases are scheduled before one judge, it can take months before yours makes its way onto their calendar after being filed and served.

Some spouses will use the discovery process to drag out their divorce by repeatedly asking for information that is easily available from both sides. This increases legal fees, prolonging it even more. Early settlement discussions can speed up this process but some parties will refuse to negotiate and make unreasonable demands that can further delay proceedings. It is essential that both spouses remain realistic regarding what they need from this process as well as considering your children’s needs during it all.

Filing Paperwork

Yearly in New York courts, thousands of divorce papers are filed both by attorneys and pro se (self-represented) parties. These can be extremely complex affairs requiring many forms and documents that must be filled out – many affidavits contain statements made under oath which have serious legal or financial ramifications if inaccurate.

Service requires that the defendant receive notice of the lawsuit and all filings. Some states mandate handing this paperwork directly over, while other allow it to be sent through regular mail with postage-paid return envelope and an acknowledgment signed by them as evidence of service.

Once they have been served with legal papers, defendants typically have 21-30 days from receiving notice to file their response with the court and present their defense before a judge makes their final ruling.

Mediation

Mediation offers an alternative to going to trial, and puts control into the hands of all involved. Mediation also emphasizes understanding each other’s perspectives which can often preserve and even strengthen relationships. Mediation typically takes days or weeks compared to litigation which may last months and sometimes years.

Mediation allows both sides to find solutions tailored specifically to their needs and wants, be they whole issues or partial ones. If mediation fails to bring resolution then litigation must occur instead.

Mediation should always be approached as a neutral, confidential and voluntary process that can save both time and money, preserve delicate family relationships, prevent conflict and reduce emotional exhaustion and destruction caused by litigation – something which often causes irreparable damage to families over the long-term if left to continue in court proceedings. Furthermore, long-term legal battles can have lasting ramifications for children’s lives, finances, jobs, mental health or relationships in general.

Trial

If both parties disagree about certain issues of your divorce, the case must go to trial. Depending on its complexity and the judge’s workload, this process could last months or even years before its resolution.

Some spouses can prolong the discovery process by filing excessive requests for information, slowing down their entire case. Furthermore, certain judges schedule hearings with limited discovery time available – increasing its length significantly.

If you’re contemplating hiring a divorce attorney, do your research first. Meeting with multiple lawyers and gathering more information will help you select one who best fits your circumstances and budget. Ask about their experience, legal strategy and anticipated costs before selecting one who makes you feel most at ease and provides assurances they have your best interests at heart.

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