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AthenaSurrenders -> RE: length of time for divorce (8/1/2013 1:48:51 AM)
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quote:
ORIGINAL: defiantbadgirl
Do divorces usually take a long time if both parties want the divorce but don't agree on division of property and assets? Don't judges have the power to end marriages and divide marital assets instead of allowing divorces to drag on for months and sometimes years?
It depends on many many factors, not least where it is taking place.
Judges might have the power to divide marital assets, but why wouldn't they allow divorces to drag on? It's not like a criminal case where it might be in the public interest to reach a quick conclusion (and even they often drag on for years). It's two people in dispute over their stuff. If they both want to keep fighting for what they feel they are owed, I don't see why they judges would care that it was dragging on. They might if it involved children getting messed about.
Yes they often do take a long time. It's not like most of that time is spent before the judge. Most of it is taken up with visiting your solicitor, them writing a letter to the other party, the other party visiting their solicitor, another letter being written, financial documents being pulled together, a meeting, a few weeks drafting up a proposal, more meetings, more letters etc etc... the actual judge sees very little of this, and the solicitors get paid by the hour, so they don't mind how long it takes.
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