Enduring an unknown pain hurts. But, enduring a known sting can leave you demoralized. Divorces are often an ending of a toxic, or unhealthy commitment among two individuals. The acknowledgment of the toxicity or the incompatibility deserves respect. Rather than adjusting, individuals filing for a divorce is commendable.
But, what if, for various reasons, this process delays?
The adverse impact it can have on the concerned individuals is ineffable. Let alone the attorney costs and other monetary impacts, think about the emotional impact. It can turn out to be unhealthy for individuals. Even an amicable divorce can further taint the already strained relations.
Traditionally, Knoxville divorce attorneys are adept at arriving at a quick conclusion. However, in recent times, divorces are taking forever to settle.
There is no particular answer.
The location of the parties. Their agreement or compliance with every clause and terms. The pace at which the case reaches the judge. And the pace at which the judge reaches a decision.
Every tiny facet has its say in the delay of divorce cases. On average, 8 months is the minimum time for a divorce case to reach a decision. This is estimated, considering both the parties achieve mutual consensus before the court hearings.
In monetary terms, a 12-month long process amounts to $10,600. This was the cost of a comprehensive solution for a divorce case.
However, with each trial, both time and money increase by a mile. Including attorney fees, for one round of trials, the amount jumped to $20,379.
Other than non-agreement, other facets delay the divorce cases too.
Time to draft the petition and cooling period
Drafting a petition and serving notice is not a 2-minute hack. The detailing involved is of great value. Lawyers need time to draft a petition and more time to serve an official notice.
The acknowledgment of this notice needs time. Once that is done, physical counseling needs to be scheduled and carried out.
A cooling-off period is mandated by the law of the land. In the case of a no-children marriage, the cooling-off period is 60 days. But, if there are children, the period extends to 90 days. This cooling-off period starts after the spouse files for a divorce.
Presence of children in the marriage
This is a major factor in the timeline of divorce cases. Apart from the increased cooling-off period, the presence of children can further delay the case. Child custody needs to be taken special mention of. Oftentimes, divorce lawyers in Knoxville Tn are experts in child custody and visitation. The best practices to handle custody and visitation are here.
Any contests based on children can further the delay by 3 to 6 months.
Lack of cooperation between the spouses
Divorce proceedings are strenuous. The gush of varied emotions is felt by all the parties. Know that strong emotions can never do any good during a legal process. During the proceedings, emotions tend to take over and cause disagreements.
To solve this, both parties must be well-prepared before proceeding with the trial. This reduces the scope for instinctive disagreements. Furthermore, it also fastens the process. Hiring an experienced divorce attorney in Knoxville Tn can help. Their expertise will guide both parties. Reaching a consensus, before court proceedings are prioritized.
Discovery and disclosure
An important part of divorce processes. This is a voluntary sharing of information between the two parties. The purpose of this sharing is often to ease the solving of disputes. Relevant information like assets and liabilities are shared to have a deeper understanding. This assists during the settlement process too.
While this adds credibility to the arguments, this can also take a lot of time. If a party is not cooperating, forensics can be called for to trace financial information. Post which, the collated information is audited by professionals. Based on this report, certain conclusions are arrived at.
There are several instances of delays due to this very facet. Parties have contested based on the information received during this process. During these times, having a local divorce attorney in Knoxville Tn can help.
Third-party or mediator
To get a better perspective, involving a mediator is common. It assists in reducing the blatant claims. Attorneys in Knoxville Tn often act as mediators in divorce cases. They help in the clarification of information.
In the case of lack of trust between parties, mediators act as the supreme power. Their interpretation is the key, for both the parties to move forward.
While this widens the thought process of the parties, the result is a lot of time is spent. Because mediation is not scheduled immediately. The lawyer must study the case and its details. He/she needs to understand the current stances of each party.
Only after thorough evaluation, mediators can assist in solving disputes among the parties.
Court’s busy schedule; and final paperwork
The caseload and pending work are humongous in courts. Hence, hoping for a quick divorce is not realistic. The busy schedule of the courts may provide one hearing at a random date and time. If the parties move forward without any contention, the decision-making process is hastened.
But, if there is an altercation or if the judge deems an action as unsatisfactory, another hearing needs to be scheduled. The filing for another trial and the conduct of the same takes time.
If every process takes place smoothly, and the judge finds it satisfactory, divorce is provided. But, the adjacent paperwork that authorizes the divorce is another long process. This includes settlement and the associated negotiations.
The best practice is to understand that delay is inevitable. What one can do is hire the best attorneys in Knoxville Tn. This will help them prepare for all probable scenarios.
If you are looking for a Knoxville divorce attorney, Volunteer Law Firm must be your first choice. Our firm boasts of experienced law professionals. We have been serving Knoxville in different legal domains, with utmost credibility and trustworthiness.