Intentionally delaying divorce occurs when one spouse deliberately prolongs the divorce process, often to gain leverage or out of emotional resistance.

If you believe your ex-partner is stalling proceedings, understanding their tactics and learning how to respond can help you move forward effectively.

Why Might Someone Intentionally Delay a Divorce?

Your spouse may attempt to delay the divorce for various reasons, such as:

• Emotional control: They may struggle to accept the end of the relationship.
• Financial gain: Delaying the process may allow them to manipulate financial settlements.
• Revenge or spite: Prolonging the process may be an attempt to frustrate you.
• Property disputes: They may be trying to protect assets or delay property settlements.
• Lack of cooperation: Some individuals avoid completing paperwork or attending required meetings.

Key takeaway: Understanding the possible motives behind delay tactics can help you prepare and respond effectively.

Common Tactics Used to Delay Divorce

If your spouse is intentionally delaying your divorce, they may use tactics such as:

1. Avoiding Communication: Ignoring emails, phone calls, or legal notices to prevent progress.
2. Missing Deadlines: Failing to submit documents or respond within required timeframes.
3. Refusing to Negotiate: Constantly changing terms or demanding unreasonable conditions.
4. Filing Excessive Motions: Repeatedly submitting unnecessary court applications to slow proceedings.
5. Withholding Financial Information: Failing to provide accurate or complete financial details.

Key takeaway: Recognising these delay tactics can help you take proactive steps to prevent unnecessary delays.

How to Respond to a Spouse Who Is Delaying the Divorce

If your spouse is stalling the divorce process, there are steps you can take to keep things moving:

1. Document Everything: Keep detailed records of missed deadlines, ignored communications, and attempts to cooperate. This information can support your case in court.
2. Set Clear Deadlines: Request that the court set firm deadlines for submissions and responses.
3. Request Court Intervention: If your spouse continues to delay, your lawyer can apply for a case management order to keep the process on track.
4. Seek a Costs Order: In some cases, you may be able to request that your spouse pay your legal fees if their delays are deemed unreasonable.
5. Consult with Your Lawyer: An experienced family law professional can advise you on the best legal strategies to counter delay tactics.

Key takeaway: Taking proactive steps and seeking legal support can help minimise delays and keep your divorce on track.

Can You Speed Up the Divorce Process?

While you cannot control your spouse’s behaviour, there are strategies you can adopt to reduce delays:

• Submit Accurate Information Promptly: Providing complete financial details, property records, and necessary paperwork without delay can prevent your spouse from finding opportunities to stall.
• Focus on Mediation: Engaging in mediation can encourage cooperation and reduce conflict.
• Request Interim Orders: If delays are affecting financial matters or parenting arrangements, interim orders can provide temporary solutions while the divorce is finalised.

Key takeaway: By staying organised and proactive, you can help reduce unnecessary delays in your divorce.

The Role of the Court in Preventing Delays

The court can intervene if one party is deliberately delaying the process. Common actions include:

• Imposing Deadlines: The family court may enforce strict timelines to keep the process moving.
• Penalising Misconduct: If a party’s actions are deemed unreasonable, the court may impose financial penalties.
• Ordering a Default Judgment: In extreme cases, the court may proceed with finalising the divorce if one spouse repeatedly refuses to participate.

Key takeaway: Courts have measures to manage unreasonable delays, helping you achieve a fair outcome.

Managing Emotional Stress During a Delayed Divorce

Prolonged divorce proceedings can be emotionally exhausting. To protect your well-being:

• Seek Support: Talking to a counsellor or joining a support group can help you manage stress.
• Focus on What You Can Control: Concentrate on your own progress rather than your spouse’s tactics.
• Stay Informed: Understanding your rights and legal options can reduce anxiety and empower you to make informed decisions.

If you suspect your spouse is intentionally delaying your divorce, taking proactive steps and seeking legal support can help you manage the situation.

By staying organised, documenting interactions, and requesting court intervention when needed, you can work toward a resolution more efficiently.