If you think your marriage is over, you can file for a divorce without your spouse’s permission. You can legally separate from them even if they do not sign the divorce papers. However, that does not mean they cannot stretch out the whole process for you. 

If your spouse seeks revenge on you, they may try to stall the divorce with their dirty tactics. It can be annoying to wake up to new troubles every day when you want a peaceful and quick divorce. However, with an experienced attorney from Kohlmeyer Hagen Law, you can dodge obstacles set by your spouse with ease and get done with the divorce in no time. 

Common strategies to delay a divorce proceeding 

  • Refusing to negotiate or cooperate. 

The most used strategy for delaying a divorce process is to refuse to negotiate the terms of the divorce blatantly. They may even refuse to communicate with you at all and ignore your texts, calls, and emails, leading to a wastage of time and frustration. The good news is you can opt to file for divorce even without their cooperation. 

  • Dodging the divorce papers. 

According to the law, you must notify your spouse about the divorce when you file a divorce petition. However, your spouse may not be happy with this decision and may decide to ignore this notice completely. Your only responsibility here is to make efforts to make sure that the divorce papers reach your spouse. If your spouse fails to respond in a reasonable time, your attorney can help you move forward with the process. 

  • Changing their demands in settlement negotiations over and over again. 

Your spouse may agree to participate in the negotiation process but may cause delay by constantly shifting their demands so that it becomes impossible for you to reach an agreement. If your spouse is doing this, your attorney can end the negotiation process and directly go to court. 

  • Filing frivolous legal requests. 

Some people try to delay divorce proceedings by refusing to cooperate, while others try to stretch it and frustrate you by filing new legal requests every day. They may file motions to take revenge on you for the divorce, lengthen the process and bury you with paperwork. If you think your spouse is doing this, the best way to respond is to let an attorney handle the situation. 

If your divorce has been going on longer than it should have, it may be your spouse’s dirty tricks. Overcoming such problems can become impossible, especially if the other party has retained an attorney. An attorney can help you overcome these problems and protect your rights. 

Not only does separation have a negative impact on you and your spouse’s mental, financial, and social well-being, it also affects your children. Your children are confused and upset with the events taking place. As a parent, it is your responsibility to ensure that their future is protected and satisfied with your current decisions. 

Child custody determines who has the legal right to decide about the child’s lifestyle, upbringing, and important matters such as education. A family lawyer helps you understand all your legal options and the types of custody that exist to make a well-informed decision. 

Based on your decision, your Mankato family lawyer creates a legal plan to negotiate with your ex-partner and agree to your terms or to represent you in court if your partner is unwilling. 

What affects child custody? 

  • What the parent and child want: The parents might want joint or full custody of the child. The lawyer builds a case to prove their capabilities as a parent and their other relevant requirements such as jobs, ability to provide necessary care, income so that the court can analyze who is fit for the role. A child’s wants and bond with each parent are also taken into consideration for the decision. The court also decides the appropriate visitation rights of the other parent. 
  • Financial status – Child care is an expensive process. They have medical, educational, and recreational expenses in addition to their living needs, such as a home and food. The parent should have the provisions to provide for the child’s quality of life. When the parents’ incomes differ, the person earning more is required to contribute more towards child support. An attorney helps determine an appropriate estimate which is to be approved by the court. 
  • Physical and mental stability – For the child to grow in a healthy living environment, the parents must be of sound mind and body. Mental illnesses can impact the child’s mindset negatively, and they might be neglected. Disabilities are a challenging condition to live with, and supporting a child can cause further strain. The court decides living custody and visitation rights on this basis. 
  • Past substance abuse or domestic violence – In scenarios where the parent has been charged or has allegations of domestic abuse by the partner or a third party, their custody rights are heavily affected. Drugs and alcohol consumption can make a person unfit to raise a child. The court’s verdict will minimize the child’s contact with the parent for the sake of their safety.