Breaking Deadlocks in Divorce: Simple Tips for Moving Forward
Are you stuck in a seemingly unending deadlock in your divorce proceedings? Deadlocks can be immensely frustrating, but there are ways to navigate them effectively. Explore some common deadlocks below a potential solutions to discuss with your own family lawyer, such as issues related to disclosure, valuations, and more. (Don't make any legal decisions based on this information please always see a family lawyer first.)
- DIY Disclosure:
- Deadlock Scenario: Your ex isn't providing the necessary financial information, creating delays in the divorce process.
- Solution: Take matters into your own hands. Use legal but creative methods to gather financial details, like bank statements, property records, or online resources listen to our DIY disclosure podcast episode for some great out of the box ways.
- Estimate with the "Magic" Touch:
- Deadlock Scenario: Your ex won't cooperate in providing financial information.
- Solution: Use the power of estimation with a capital "E." Provide your best estimate of the missing information, making it clear that this estimation will stand unless your ex can prove otherwise.
- Subpoenas and Court Intervention:
- Deadlock Scenario: Your ex continues to obstruct the disclosure process.
- Solution: If your ex isn't cooperating, consider issuing subpoenas or involving the court. Courts have various options to compel disclosure, ensuring the process moves forward.
- Setting Deadlines:
- Deadlock Scenario: Your ex is delaying decisions or responses indefinitely.
- Solution: Set clear deadlines for actions or responses. Let your ex know that if they don't respond within a reasonable timeframe, you'll proceed without their input.
- Valuation Workarounds:
- Deadlock Scenario: Valuations, whether for properties, assets, or items, are causing disputes and delays.
- Solution: Get creative with valuations. If access to the property is denied, request a valuation for its current condition and a hypothetical value if it were maintained. Use online resources, like real estate websites, to gather property value data.
- Deal with Hidden Assets:
- Deadlock Scenario: Suspicions arise that your ex is hiding assets.
- Solution: Assume the assets exist until proven otherwise. Gather evidence such as insurance records, photos, or purchase receipts to demonstrate their existence, and notify your ex of your intentions.
- Consider the Cost-Benefit Balance:
- Deadlock Scenario: You're investing significant time and money in resolving minor disputes.
- Solution: Evaluate whether the battle is worth the cost and effort. Sometimes, it's better to move forward with a fair and reasonable division of assets than to spend excessive resources on minor disagreements.
- Consult with Legal Experts:
- Deadlocks can be complex, and legal guidance is crucial. Consult with a family law attorney who can provide personalised advice tailored to your specific situation.
Breaking deadlocks in divorce can be challenging, but with strategic approaches like DIY disclosure, estimation, court intervention, and valuation workarounds, you can keep your divorce proceedings moving forward. Remember, it's essential to strike a balance between standing your ground and finding practical solutions that allow you to transition to a new chapter in your life. Always seek legal counsel when facing complex deadlocks to ensure the best possible outcome for your unique circumstances. If you would like to hear about these solutions in depth listen to our latest podcast episode called Divorce Deadlocks. Click below to listen.
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