Some of the things that can slow things down during divorce proceedings. A divorce can be subject to any amount of delay and sometimes procrastination from one or other of the parties is involved. If you feel you would like to speak to a local expert Divorce solicitor then we can help.
Reasons for delay during divorce
If the respondent (the person being divorced) lives outside the UK the period of time for returning the Acknowledgement of Service containing the divorce petition is extended to thirty days and if the respondent does not return said Acknowledgment within the stated time frame, a divorce cannot proceed until the court has proof that it has been received.
Sometimes another copy of the petition containing the reasons for divorce has to be served by a court bailiff or by other means to provide evidence that the respondent has indeed received the documentation.
The respondent can also slow things down by indicating that they will be defending the divorce even though this happens very rarely.
How to get things moving
In order to speed things up the petitioner's solicitor can ask for the divorce petition to be returned directly to him rather than waiting for the court to do it. This is helpful if the petitioner suspects that the respondent might not co-operate with the divorce. If the petitioner's solicitor is aware that this might be the case then he or she can act to minimise delay.
Hindrances of this type can add to the cost of a divorce which cannot be in anybody's favour apart from that of the solicitor.
The six week wait between the decrees cannot be shortened and in some circumstances can be extended quite considerably if one of the parties involved asks for the decree absolute to be delayed until financial settlement of a divorce has been agreed.
There have to be particular circumstances to justify this and if they exist a court will not grant an application for the Decree Absolute until a financial agreement is made between the parties. Where this is the case the whole divorce process can take a considerable length of time to sort out and only adds to existing frustrations and costs.
For those who are thinking of separation or divorce Lawpack have an excellent guide to managing your own divorce.