In California, the law requires a waiting period of minimum of six months from the time a divorce petition is served until the court can issue a final divorce decree. In reality, even if everything goes smoothly, it takes longer than that for the couple to come to terms with issues in their divorce, file the Marital Settlement Agreement or a Stipulated Judgment and time needed for the court to review the settlement and approve it.
The process takes even longer when one or both parties refuse to cooperate or compromise. These are some of the roadblocks that can delay and hinder the process leading to the final divorce decree.
Common Roadblocks to Achieving a Divorce Settlement
Some of the most common roadblocks are:
- Failing to compromise. One spouse refuses to compromise on any issue. The reigning attitude might be, “Let’s let the court decide.” The thinking may be that the court will decide in that person’s favor. A court hearing could be unpredictable and a spouse should not be surprised if the court validates the position of the other Party.
- One spouse may not be able to resist the conflict (they may thrive on it) and one reason for this might be the fact that the ex is afraid to move on or to let go of the relationship. Engaging in conflict is still a connection, however painful it might be.
- One parent fails to recognize that the other parent is just as capable of caring for the children and refuses to compromise on custody and parenting timeshare.
- One spouse is resentful and feels the need to punish the other and refuses to cooperate and agree on any issue. This occurs most often when one party has been unfaithful in the marriage.
Contact Kim Mediation and Law Center for Assistance
Our goal is to help you achieve a peaceful divorce. We will guide you and your spouse through those difficult conversations to help you come to decisions that you can both agree are in your best interests.