Why Does A Divorce Case Take So Long?
Have you ever wondered why a divorce case takes so long? How often have you heard the term “continuance”? The reality is that too many divorce cases take way too long to complete. The reasons are many. The most common reasons are as follows:
1) Attorneys who are paid by the hour have no incentive to resolve cases quickly;
2) One or both of the parties are too angry and too unwilling to be reasonable;
3) The court system is overcrowded with cases and the judges are unwilling to force quick trial dates;
4) Custody may be an issue which sets off additional procedures, court dates and delays;
5) The parties’ assets many be substantial to the point where significant discovery and evaluations have to take place.
Absent the above reasons, a divorce case should never exceed more than six months. I believe that if parties were reasonable, a case could be settled in a conference after forty-five to ninety minutes. The above example assumes that the parties are well counseled by attorneys who are experienced in settling cases. Attorneys who practice divorce and family law know the range of decisions that occur in their courtrooms from the divorce judges. If counsel can successfully translate that information to their client, the matter can be resolved. Realistic expectations are the key to settling cases. If a client wrongfully believes that he or she is entitled to more than what the court would allow, the case can stall. Knowledge of the law and the ability to translate that to a client is the true art form.
See Also: Divorce New York

