There are few things more frustrating in a divorce than dealing with a spouse who engages in sneaky and manipulative delay tactics. While there are legitimate reasons for delays in a divorce proceeding, some individuals deliberately use underhanded tactics in order to make things more difficult for their spouse. These tactics include a wide range of actions, including failure to submit documentation, rescheduling court dates and filing frivolous motions. Some spouses also engage in prolonged psychological maneuvers, such as agreeing to a custody or support agreement, then backing out at the last minute. In some extreme cases, spouses set up their partners for failure right from the very beginning of the divorce process. For example, a woman who wants a divorce will secretly arrange initial consultations with all the top divorce attorneys within her county. When the husband gets served with the divorce complaint, he may have trouble retaining an attorney, since all the good lawyer in their area have already spoken to his wife. Even though she only had one consultation with them, it still establishes the assumption of attorney-client privilege, thereby making it a conflict of interest for them to speak with the husband.
No matter what types of delay tactics are being used against you, it's imperative that you deal with the situation right away. This means speaking to a family law attorney about your rights and options, especially if your spouse is doing something illegal. Hiding assets, for example, is a common tactic used by spouses in order to avoid paying high amounts of alimony and/or child support. New Jersey law, however, requires both spouses to fully disclose all their properties and debts during the course of a divorce. Those who fail to do so can be held in contempt of court, which can result in stiff fines and even jail time. If your spouse is withholding financial information, or any other type of documentation needed for your divorce, an attorney may be able to subpoena the records as part of the "discovery" process. Your attorney can also request that your spouse be ordered to pay all the associated court costs, which will help ease some of your financial burdens. Even if you feel that you can resolve the situation on your own, you should discuss all your available options with an attorney. This may save you from inadvertently doing something illegal, which can result in your case being delayed or dismissed.
To find out more about dealing with delay tactics, please speak with the family law attorneys of Villani DeLuca, P.C. Our lawyers include collaborative divorce attorneys, divorce mediators and matrimonial law attorneys, who have decades of trial experience in the New Jersey family courts. They are deeply familiar with the deceptive methods used by divorcing spouses, and how best to resolve these situation in accordance with the law. Please call Villani & DeLuca, P.C. to schedule a free initial consultation with one of our attorneys.
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