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can't get a trial

secondtime7's picture

Submitted by secondtime7 on Fri, 01/20/2023 - 8:19pm

Forums: 
Family Court

Amyone having a hard time getting a trial date. My bf has been trying to get divorced for 6 yrs. ex will not arbitrate or settle. lots of money involved. was wondering fo anyone else was waiting for the courst to open dates for trials and how long it took. How long does a trial date and how long does it take to get the divorce finalized after trial.

 

Rags's picture

Submitted by Rags on Fri, 01/20/2023 - 11:37pm

Not sure why else  it would take that long. Other than BM playing a masterful game of delay, manipulation, and keeping her DH on the hook for maintaining her in the manner to which she has grown accustomed.

My divorce, 30+ years ago took about 5mos from file to final. My XW did delay, change the game, etc... but overall it was fairly quick.  Then it was over .... and I could get on with my life.

ndc's picture

Submitted by ndc on Fri, 01/20/2023 - 11:52pm

6 years?!? That's crazy.  It sure doesn't sound like he's trying very hard. I understand that courts backed up during Covid, but 6 years ago was 2017, 3 years before Covid. What state are you in?

My DH's divorce took 4 months from filing to final decree, but there wasn't any money involved and they were in agreement on custody, so no trial required - just a court date for the judge to approve their agreement.

1st3rd5thWEInHell's picture

Submitted by 1st3rd5thWEInHell on Sat, 01/21/2023 - 12:01am

Unless they are super rich and fighting to divide assets or for alimony, it should not take 6 years. My husbands divorce was finalised in 4 months. The divorce decree did not include any assets because they had nothing and it has a custody order and child support order. This was in 2004 so idk if it has changed now but it should not take 6 years anyway

SeeYouNever's picture

Submitted by SeeYouNever on Sat, 01/21/2023 - 6:38am

My DHs divorce took a long time. It was a combination of him giving up on the first round and neither of them willing to budge on a few things. He spent thousands on a lawyer and didn't get anywhere so he gave up for a while.

Eventually he was able to get what he wanted (didn't have to give BM any of his pension). BM never agreed to move forward with a court date until she got engaged to her now husband and had to officially get divorced.

She was waiting because she thought a longer marriage would mean more for her but the judge wasn't having it and only looked at when they separated.

When they both were in agreement it was about 6 months from there.

 

CajunMom's picture

Submitted by CajunMom on Sat, 01/21/2023 - 9:32am

It should NOT take six years and as someone pointed out, this started way before CoVid. It doesn't matter that she does not want to settle. He needs to get his lawyer to file, get the court date set with the judicial system in his city and if she doesn't show, his divorce will be granted. Property settlement issues are handled at a different date, if necessary. 

So, either your DH is not doing his part or he has a crap lawyer.

ESMOD's picture

Submitted by ESMOD on Mon, 01/23/2023 - 5:46am

It sounds like you are dating a man who is still married.  you weren't invited to the wedding? sounds like you may not be a priority for your BF to divorce and marry you.. 6 years goes way beyond her stringing things along.  I might really question HIS intent here at this point.  

lieutenant_dad's picture

Submitted by lieutenant_dad on Mon, 01/23/2023 - 11:11am

She also said in her last post (or implied it) that they were divorced and now they aren't. Wondering if he lied to her and she is just now finding out? Also sounds like she owns property with her BF, which could be making the divorce really, really sticky if it's actually happening as his STBXW may be entitled to some of those assets he has with OP.

Six years sounds like being strung along OR OP's BF not wanting to tell her that his shenanigans has mucked up their mutual assets.