Speed the Divorce Up

[ecolville]

What is the name of your state? Oregon

I am the respondent in a divorce proceeding. The petitioner (and her lawyer) is dragging the process out. My attorney seems to be unwilling or unable to do anything to speed the process up. What can I do to speed the process up?

[mistoffolees]

What is the name of your state? Oregon

I am the respondent in a divorce proceeding. The petitioner (and her lawyer) is dragging the process out. My attorney seems to be unwilling or unable to do anything to speed the process up. What can I do to speed the process up?

Outside of inventing a time machine, probably nothing.

While it is POSSIBLE with someone to be penalized for dragging out the process, I don't think I've ever heard of it being done. The court allows a huge amount of discretion in allowing people to prepare their case.

Of course, you CAN contribute by making sure that you do your part as quickly as possible and make sure you're never the reason for any delay. But that probably won't make much difference.

How long has it been?

[ecolville]

It has been 8 months and absolutely nothing other than setting the amount of alimony has transpired. My attorney has repeatedly asked for a proposed settlement with no response at all.

[LdiJ]

It has been 8 months and absolutely nothing other than setting the amount of alimony has transpired. My attorney has repeatedly asked for a proposed settlement with no response at all.

Then why isn't your attorney proposing one? Have you given your attorney the necessary information to propose a settlement?

Its possible that your ex hasn't paid his/her attorney, and therefore the attorney is not responding/working on the case until payment gets made. However, you won't know that unless your attorney proposes a settlement and again, there is no response.

[ecolville]

That question is why I am on this forum. I changed attorneys 4 months ago because he was not doing anything to move the process along. The "new" one suffers from the same problem so I am looking to explore what I can do, short of changing attorneys again.

Can I file a separate divorce so that I am the petitioner, and somewhat more in control of the process, while the case where I am the respondent drags on?

Can I request a final trial date from the court independently of my attorney thereby setting a "date" for both sides to work against?

Ideas?

[VeronicaLodge]

well you could just agree to everything your wife wants, that would probably speed it up. im guessing they are dragging their feet because the two have not agreed on many things?

[LdiJ]

well you could just agree to everything your wife wants, that would probably speed it up. im guessing they are dragging their feet because the two have not agreed on many things?

Based on what he is saying, it doesn't appear that the wife's side is proposing anything...so what could he agree about?

[mistoffolees]

That question is why I am on this forum. I changed attorneys 4 months ago because he was not doing anything to move the process along. The "new" one suffers from the same problem so I am looking to explore what I can do, short of changing attorneys again.

Can I file a separate divorce so that I am the petitioner, and somewhat more in control of the process, while the case where I am the respondent drags on?

Can I request a final trial date from the court independently of my attorney thereby setting a "date" for both sides to work against?

Ideas?

You can not file a separate divorce. Your attorney could, however, request a trial date. But there are specific rules that he has to follow, so maybe the requirements have not been met.

Since you're already on your second attorney and not happy, you should probably sit down with your attorney to see what is reasonable in your area. 8 months doesn't sound ridiculously long to me. Mine took nearly a year and we were both trying to push it along.

[ecolville]

Thank you for your advice. I was hoping there was something I could do but it looks like the system is not set up to allow it. I could understand the process lasting more than a couple months if the parties were waring with each other but in my case there is no war - there is simply nothing going on. Can it be that the attorneys are so busy that our case hasn't risen to the top of their priority pile? While the 8 months elapsed so far doesn't seem out of the ordinary I am bleeding financially (attorney bills and alimony combined with a downturn in income due to the poor residential construction market) to the extent bankruptcy looms on the horizon.

I discussed all of this with both of my attorneys but basically got the cold shoulder and was told to be patient. Easy for them to say - huh? It just doesn't seem fair or right. Oh well.

[Bali Hai]

Thank you for your advice. I was hoping there was something I could do but it looks like the system is not set up to allow it. I could understand the process lasting more than a couple months if the parties were waring with each other but in my case there is no war - there is simply nothing going on. Can it be that the attorneys are so busy that our case hasn't risen to the top of their priority pile? While the 8 months elapsed so far doesn't seem out of the ordinary I am bleeding financially (attorney bills and alimony combined with a downturn in income due to the poor residential construction market) to the extent bankruptcy looms on the horizon.

I discussed all of this with both of my attorneys but basically got the cold shoulder and was told to be patient. Easy for them to say - huh? It just doesn't seem fair or right. Oh well.

This should teach you a huge lesson about making a future marriage contract. Wise up and don't do it!!

[mistoffolees]

Thank you for your advice. I was hoping there was something I could do but it looks like the system is not set up to allow it. I could understand the process lasting more than a couple months if the parties were waring with each other but in my case there is no war - there is simply nothing going on. Can it be that the attorneys are so busy that our case hasn't risen to the top of their priority pile? While the 8 months elapsed so far doesn't seem out of the ordinary I am bleeding financially (attorney bills and alimony combined with a downturn in income due to the poor residential construction market) to the extent bankruptcy looms on the horizon.

I discussed all of this with both of my attorneys but basically got the cold shoulder and was told to be patient. Easy for them to say - huh? It just doesn't seem fair or right. Oh well.

It's unfortunate, but divorce often takes a long time. When both attorneys and people on this site tell you the same thing, there's probably some truth to it. 8 months may feel like forever, but it's not the least bit unusual. Talk to some of the people here whose divorces were measured in years rather than in months.

If both attorneys told you that there's nothing to do to speed it up, it's probably true.

[Ohiogal]

You can not file a separate divorce. Your attorney could, however, request a trial date. But there are specific rules that he has to follow, so maybe the requirements have not been met.

Since you're already on your second attorney and not happy, you should probably sit down with your attorney to see what is reasonable in your area. 8 months doesn't sound ridiculously long to me. Mine took nearly a year and we were both trying to push it along.

He could file a counterclaim however. I agree that the attorney should request a trial date.