Divorce can come as quite a shock – and you might not be ready to proceed. But can you really delay this process until you feel comfortable moving forward? What happens if you try to stall for time? Is this even legal? What consequences might you face? These are relatively common questions, and you might want to ask them during a consultation with an experienced Georgia divorce lawyer.
Your Divorce Will Move Forward Regardless of What You Want
The first thing you should know is that if your ex wants a divorce, there is nothing you can really do to stop them. Only one spouse needs to “consent” to this process, and you must cooperate with the court once your ex files for divorce. In addition, Georgia (like all states) allows for “no-fault” divorces. In other words, your ex does not need to prove anything before moving forward with your divorce.
Avoiding Service of Court Papers
One of the more desperate stalling tactics involves avoiding “service of court” papers. In order to move forward with the divorce, your ex must “serve” you with the divorce papers. This means that they must physically hand you the documents or hire someone to do it for them. If you constantly avoid being served, you could potentially delay the divorce proceedings. If your ex cannot serve you the divorce papers, they may need to publish them in a newspaper. This would allow them to move forward with the divorce, even if you manage to dodge the service of court papers for an extended period of time.
Other Common Stalling Tactics
Another common stalling tactic involves changing lawyers frequently. If you fire your lawyer and hire a new one, the court may give you time to prepare your strategy once more. If you do this constantly, it could cause considerable delays in your divorce proceedings. You might also file constant appeals and motions to slow down the trial process. Finally, pushing for a trial inherently makes the divorce take longer since this process is more time-consuming compared to mediation or collaborative law.
Filing First Gives You More Time to Prepare
In theory, filing first does not provide any legal advantages in Georgia. However, the spouse who files first often has more time to plan and strategize. If your spouse suddenly filed for divorce without giving you any warning, you might be concerned about not having enough time to create a solid action plan. You might want to ask the court for time to choose a lawyer and prepare, especially with Georgia’s non-existent separation period.
Can a Georgia Divorce Lawyer Help Me Delay My Divorce?
Intentionally stalling for time is generally a bad idea during a Georgia divorce. The court does not look kindly on these needless delays, and it’s best to move forward in good faith. That being said, you may be able to use your time wisely with help from an experienced lawyer. If you are concerned about not having enough time to strategize, book a consultation with Lankford & Moore Law at your earliest convenience. We will help you tackle your unexpected divorce with confidence.
