Tag Archives: Divorce

How Long Does a Divorce Proceeding Take?

Divorce Process in AlbuquerqueThere is no definite answer as to how long a divorce proceeding takes. Each case is unique and many aspects can delay the case. To sum it all up, though, the way the spouses cooperate is a huge factor that affects the length of a divorce proceeding.

Cooperation from Both Spouses is Vital

When you and your partner are in good terms, the chances are good that the divorce will be finalized sooner. This means being able to appear on trials and submit required forms and documents. However, even if both parties play fair, other factors can still hinder the divorce progress.

Court Schedules can Cause Divorce Delays

Even if you and your spouse work together to speed up the divorce proceeding, other reasons can cause the divorce to take longer.

  • The divorce process may be delayed because you have to comply with the court’s schedule. The waiting time could take months. It is also unlikely that the case gets finalized in one meeting. Non-appearances and failure to provide correct documents will mean rescheduling to another date, which is also same as waiting for another month or so.
  • While litigation definitely takes longer than an uncontested divorce, choosing to settle things amicably still does not guarantee a divorce certificate on the spot. Again, you may have to wait some months before the divorce is granted.

The Court Being Lenient to a Spouse with no Attorney

You probably are not aware that the court is lenient to spouse or spouses with no attorney. They are considerate and generous in giving second chances to a spouse who fails to appear on the scheduled trial date or submit required forms and documents. Needless to say, this delays divorce process.

If you believe your spouse is using this as a tactic to delay the proceeding, then your divorce attorney in Albuquerque would be able to help. He can ask the court to order your spouse to appear ready on the trial day; otherwise, a default judgment shall be taken against him or her.

Divorce is a complicated family issue. When one fails to cooperate and prepare for it, then the process could be delayed. However, the divorce process may also be affected by court trial dates, waiting time, and court decisions.

Adultery, Domestic Violence, and Divorce: What You Need to Know

DivorceTwo of the strongest grounds to use in a divorce case are adultery and domestic violence. In a fault-based divorce, the courts look into the details of the claim to see if it’s possible to save the harmony in the relationship and the marriage itself.

However, adultery and domestic violence are two of the most telling cases that show irreconcilable differences between the couple.  Hence, it is important to build a solid case to gain a favorable decision. Learn the concepts behind these two grounds to strengthen your case.

Adultery and Bigamy

Adultery is based on the failure of a spouse to comply with his or her marital obligation to be faithful. When a married man or woman engages in illicit relations with another, may it be a member of the opposite or the same sex, he or she is committing adultery.

Bigamy, on the other hand, means a spouse marries a second time, despite the existence of a first marriage. In adultery, cohabitation isn’t necessary. It’s enough that the guilty parties have engaged in extramarital relations.

Domestic Violence and Marital Harmony

Domestic violence removes the harmony that marriages seek to preserve. It is an act of reneging in one’s marital obligation to care for his or her spouse. Medical records and witness accounts can act as sufficient pieces of evidence to help build a case with the help of a divorce lawyer. Orem residents should contact an attorney when they are considering divorce.

Divorce can be a long and tedious process. It will require the exhibition of pieces of evidence that will show where the fault lies. Remember to hire an experienced divorce lawyer to get the needed guidance.