As you are approaching or going through your divorce in New Mexico, you likely have a lot of questions and many things to discuss with your family law attorney. One popular question is the timeline; why do some divorces take a longer time to complete?
It’s only natural to wonder just how long your divorce may take. While the details of each case are different and do impact the timeline, there are some common reasons why some divorce cases seem to drag on while others are completed relatively quickly.
Keep in mind that if you and your spouse are focused on coming to an agreement that’s fair, you’ll be more likely to have a divorce that ends sooner rather later, barring any court or procedural delays. Learn more about some of the common issues that can prolong a divorce process to see if they may apply in your case.
Disagreements Between the Spouses
When you and your spouse can’t reach an agreement over the areas of the divorce, it normally will extend the case. You’ll end up spending more time conducting negotiations and making appearances in court. Unfortunately, this can happen even in a divorce that starts out amicably. A divorce is often stressful and involves a lot of emotions, and these emotions can get in the way of the process.
For a quicker end to your divorce case, it’s wise to work with an experienced family law attorney. They can explain all your options and rights to you, and they will also provide you with a realistic idea of your case outcome. This can help prevent you from holding out for things you may never fully get, even if the divorce ends up going to trial.
The Disclosure and Discovery Processes
In disclosure and discovery, you and your spouse get and exchange the information that is needed to resolve the issues of your divorce. During these phases, you will be able to see what assets and debts are going to be divided and must be considered when determining the divorce settlement.
In general, it can take some time for you and your spouse to get all this information together. The process can also drag out if you or your spouse don’t comply with the discovery and disclosure requirements. A delay can also happen if you or your spouse need an expert, such as a forensic accountant, to prepare a report or if either of you need a subpoena to get some necessary records.
In short, never hold back financial information in your divorce. This will hold up the process, and it is very likely the court will find out. If you are found to be withholding financial information, you can be penalized for it from the Judge.
The Court Has a Full Calendar
The court operates on its own time, and it can be a hurdle if you and your spouse are ready for a fast-as-possible divorce. When court systems have large caseloads or something unexpected happens and the courts can’t operate as normal, people end up waiting for their court appearances.
If you and your spouse can’t resolve most of your issues outside of court and have to go to trial, that’s more time spent on hearings and other appearances. Any additional hearings that are required can also stretch out the divorce timeline simply due to court availability.
Your family law attorney will provide an estimate of your case timeline based on the information available, but be aware that things may change. Patience is often a key part of the divorce process for this very reason.