Disruptive Delays in Divorce Proceedings

Delays established by the court require a minimum waiting period before a divorce can be legally finalized. However, if one spouse does not agree with one or more stipulations in the divorce agreement, such as shared custody of children or the division of assets, or that spouse does not want the divorce, that spouse’s lawyer may attempt to postpone finalizing the divorce in one or more of the following ways:

Breaking verbal agreements.

When two people negotiate an end to their marriage, they often make verbal agreements with one another— these agreements can include alimony payments, child custody, division of property, or any number of other aspects of the settlement. If one party wants to delay the divorce, they may break their verbal agreements to stall the process, and progress toward a final settlement will grind to a halt until those provisions can be renegotiated.

Excessive discovery.

While it is normal for certain documentation to be requested by opposing counsel, one spouse could abuse the discovery process by making repeated motions for additional evidence, forcing the other spouse to return to court over and over again with additional information.

Reluctant discovery.

It’s possible that one spouse may attempt to hide assets or employ dishonest tactics to conceal how much money they really have. When this happens, the other spouse and their attorney will have little choice but to make repeated motions for discovery until all relevant financial information has been shared.

False accusations.

If one spouse is especially volatile or emotionally distraught during the divorce procedure, they may make false claims of spousal abuse or child neglect against the other spouse in an attempt to influence the divorce agreement or to exact revenge. These allegations may require additional hearings and arguments in court before the facts can be established and the marriage legally ended.

Spouses may attempt to use these tactics as leverage to secure additional alimony or child support, to prevent the other spouse from establishing a relationship with a new romantic partner, or simply to inflict emotional distress on their spouse.

When Your Spouse Delays the Divorce

Even when both spouses work in good faith toward a divorce, it is wise to engage an attorney experienced in marriage law to review the agreement on your behalf.

However, when a divorce becomes combative, with one side employing delay tactics, it is essential to secure the services of a trial-tested divorce attorney. You need legal representation to protect your interests, put an end to the delay strategies, and put you back on track to finalize a divorce settlement that provides a fair division of assets and property, equitable protection of your rights as a parent, and a legal conclusion to the marriage.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.


Jesse Nason
Helping Rhode Island residents with all of their family law, divorce and child custody needs since 2006.