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There are a great number of requirements that courts have put in place to ensure that divorce proceedings are conducted in a fair manner. In order to reach this goal a series of procedures have been put in place, starting with ensuring that both parties are aware that divorce proceedings have begun. It would be unfair if one spouse files for divorce without the other spouse knowing they are now in the middle of a divorce proceeding.
Both parties in the divorce get the same opportunity to have legal representation, provide witnesses, question witnesses, and provide documents that support their arguments. With over 35 years combined experience, the JacksonWhite family law team approaches each case as a personal investment and we show our clients the care, compassion and provide a safe environment for you and your family to progress through this difficult time. If you are looking for a divorce attorney in Mesa, Arizona please contact our family law team online or give us a call at (480) 467-4348.
Interfering With Divorce Proceedings
Divorces can be messy, especially if one party does not want to accept the conditions of the divorce or refuses to accept that the divorce is happening all together. Below are some of the most common ways that a disruptive spouse may interfere with a divorce proceeding:
- Extending out court dates
- Arguing the division of marital assets, marital debts, child custody and/or child support
- Purposing being delinquent with documentation
- Refusing to sign divorce papers
There are good and valid reasons that a party may argue for the division of marital assets, debts, child custody and child support. However, if these things are being argued just for the sake of prolonging the proceedings, then it is only complicating an already difficult situation. Behaving like this is not only expensive, since both parties will require the assistance of a divorce lawyer, but also makes the recovery process longer for everyone involved.
Refusing to Sign Divorce Papers
One thing that is important to know is that your signature is an acknowledgment, but it is not a means of defense. As an example you can picture someone receiving a speeding ticket. Their failure or refusal to sign the speeding ticket does not remove the fine and your requirement to appear in court.
The same is true of the divorce decree. While one party may refuse to sign the decree, it does not mean the divorce is not finalized. It is the judge who decides when the divorce is finalized, and this means that if one party refuses to sign then they have not changed the final outcome.
This is why it is crucial that each party acts in the most respective manner possible when they are in the middle of the proceedings. Failure to do could mean that you are not only going to spend more money on attorney fees, cause emotional trauma to yourself and your ex spouse, but you could possibly miss out on opportunities you may have had if you had not acted selfishly.
Civil Behavior is Important in Family Law Cases
While being respectful and understanding seems like obvious traits that should be displayed in a court of law, this is not always the case. Divorce is difficult for many reasons, but one of the most difficult things to deal with during a divorce proceeding are the emotions that come along with it. It is important to understand that all the decisions made in family law court are meant to ensure that both parties are set up for success after the dissolution of their marriage.
It is also crucial to understand that your behavior will be judged along with dividing up assets.
While each spouse will be working with their respective lawyers to make decisions on who gets what, whatever they come up with will be presented to a judge, who makes the final decision. This is why it is so important to remain civil throughout the entire process. If you are misbehaving during the court sessions and/or deliberately trying to make the proceedings more difficult, you may end up facing some serious repercussions.
How JacksonWhite Can Help
The best way to avoid these situations occurring is by working with a skilled divorce attorney. A good attorney will be able to work with you and your soon-to-be ex-spouse’s attorney to ensure that both parties are satisfied with everything before their final decisions are ever presented to the judge. If at least a majority of issues can be resolved outside of the court room, you will save yourself time, money and heartache.