Can My Ex Stall Our Divorce in California?

There are few things more frustrating than a stalled divorce. While some of these stalls are unavoidable (such as the mandatory six-month waiting period), others may be caused by disruptive exes. If you believe your ex is trying to delay or stall your divorce, you might be right. What are some signs that your ex is stalling your divorce? How can you prevent your ex from delaying this process? A divorce attorney in Riverside can provide strategies to keep your case on track. These are questions you can ask during your first consultation with an experienced divorce law firm in California.

Not Responding to the Divorce Papers

A common stalling tactic involves not responding to the divorce papers. This strategy is relatively straightforward, but it can only delay the process by a maximum of 30 days. This is because even if your ex refuses to respond, the divorce may proceed if 30 days pass. This process can become even more complex if you cannot serve your divorce papers for whatever reason.

For example, your ex may be impossible to locate, or they may intentionally avoid being served. If you cannot serve your papers through this “personal service” method, you might need to use another tactic, such as posting the divorce papers in a newspaper. This can delay the divorce even further.

Negotiating Without Good Faith

Some spouses may also agree to engage in the negotiation process without any real intention of coming to any agreement. This is also called negotiating “without good faith,” and it means that the spouse is being intentionally deceptive. Spouses may “lead you on,” giving the impression that they are willing to create a divorce settlement outside of court. However, they may repeatedly back out of agreements at the last minute. This not only causes considerable frustration but can also increase total legal fees and extend the overall divorce process.

Refusing to Provide Documents

Another common stalling tactic occurs during the “discovery” phase of a divorce. During this phase, your ex is legally required to provide you with any documents that might be relevant to your divorce. Your ex might refuse to provide these documents upon request, forcing you to forcibly obtain them through court-ordered processes. This can be highly frustrating and time-consuming. Our team of Riverside divorce attorneys can help you navigate these challenges and move the process forward.

What Can I Do if My Ex is Stalling?

If your ex is stalling, there may be a variety of legal steps that you can take to proceed with the divorce process. For instance, if your ex fails to respond, you can seek their default and seek a default judgment. If your ex has responded, but fails to proceed with the divorce, you can file requests with the Court, and you can also request to be divorced even if other issue remain unresolved such as property dispute and child custody and visitation. Additionally, if your ex has failed to comply with court orders, you may be able to hold them in contempt of court.

Judges have little patience for these tactics, and they may enforce various consequences for your uncooperative ex. In the end, these strategies usually backfire, and any ex who attempts them can expect various financial and legal penalties.

Find an Experienced Divorce Lawyer in the Inland Empire

If you have been searching for a divorce lawyer in the Inland Empire, contact The Knez Law Group, LLP divorce law firm at your earliest convenience. With our help, you can strive for positive results confidently. We know how frustrating it can be when an ex attempts to stall the divorce process, and we may be able to address this issue with various strategies. Reach out today by calling us at 951-742-7681 or schedule a consultation to get started with an action plan.