Drag out divorce

Cruzer123

Registered User
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Using delay tactics, how long could one reasonably drag out a divorce.

This is a situation where one party doesn’t want a divorce and wants to remain in the family home with their children for as long as possible?
 
How long is a piece of string?
Impossible to say.
Talk to your solicitor if this is a real issue and you're not the party dragging things out.
 
My Mam is hitting 30 years now. Her youngest is 43.

I joke my parents situation is slightly different, he wants to gift her the house so he can split the property as he has a granny flat built on but she thinks its for his own gain.

Moral of the story, even when a women is being gifted a €500k plus 3 bed house she will not be happy - so for you, this could go on until the day she dies.

Sorry.
 
this could go on until the day she dies.
It can be dragged out but it can also eventually be forced to court eventually if necessary. The problem with that is that it can be a bit of a lottery leaving it to a judge/court to make a decision on some or all relevant matters often resulting in one or both parties feeling that the process has been unfair to them. Which is why they generally prefer and encourage both parties themselves (via their legal teams if necessary) to try to come to some mutually agreeable settlement on some, most or all matters. If neither party is willing to push things along and, if necessary, force it to a full court hearing, then it could well drag on for a lifetime. For various reasons, not all of them due to procrastination and avoidance, my own situation dragged on for over a decade between judicial separation and divorce, but finally getting the latter sorted last year was a big relief in the end.
 
I had to wait 5 years, 4 due to the older waiting period, 1 extra year for him timewasting.

I couldn't begin to imagine what 10 years of that does to a persons state of mind.
 
even when a women is being gifted a €500k plus 3 bed house she will not be happy
the particular does not extend to the general.

In the case you cite, the fact that neither party has actually started proceedings means that they are both content to stay in their bunker.

If you start proceedings, you will get a divorce and you will get a settlement.
 
@DannyBoyD it's very complicated, we would need to have time and wine to explain.
But if it was that simple it would have been done a long time ago.
 
But if it was that simple it would have been done a long time ago
But that's the point. It often isn't simple but can still be done by going to a full hearing if necessary and if some, most or all matters can't be negotiated to a mutually agreeable arrangement (which still needs to be approved by the court/judge). Of course all of this can be stressful and time consuming especially if either or both parties are at loggerheads and/or are obstructive/uncooperative (sometimes with their own legal representatives!).
 
@ClubMan I get that, but again there are reasons why it has not happened, and is now only an option, I don't wish to put on a public forum but I would be happy to discuss offline.
 
That's perfectly understandable. But in your parents' case nobody is dragging it out. They're simply not doing anything about it by the sounds of things.
 
So if one side is determined to progress with the divorce, time wasting on the other side can slow the process down but it will come before the judge eventually. The party pushing on will need to set reasonable deadlines with the other party for statements of assets, dates for mediation, and keep pushing to set a court date without these done to overcome the ennui of the other party.

Probably will need to start building up a dossier of queries and questions raised, reasonable deadlines set, excuses listened to, new deadlines set, offers of help, etc to show the judge that the party pushing this through was reasonable while being determined.
 
Probably will need to start building up a dossier of queries and questions raised, reasonable deadlines set, excuses listened to, new deadlines set, offers of help, etc to show the judge that the party pushing this through was reasonable while being determined.
This will normally be done by/via the solicitor and, in general, all interactions relating to divorce and related issues should be through them. Even if other communication may be necessary in the normal course of events - especially if still living under the same roof and/or there are children and childcare issues to be dealt with.
 
@ClubMan if you read my post again I never mentioned divorce, I talked about splitting properties. Two very different things.
I understand my response may have given that illusion but I did state - 'I joke my parents situation is slightly different'

People can have their reasons to separate, but stay married. You are assuming divorce was on the table and not actioned.
That's an incorrect assumption.

Again, happy to discuss the facts offline.
 
Using delay tactics, how long could one reasonably drag out a divorce.
It took me 10 years. That was mainly due to the impact on the children when their mother reacted to any attempts to get things moving.
This is a situation where one party doesn’t want a divorce and wants to remain in the family home with their children for as long as possible?
Eventually the children moved in with me so the family home could be sold as part of the agreement.
In reality it could take up to 10 years even if one party is proactive.
 
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