If (or when) you find yourself in the midst of a divorce, you will likely feel like you’re caught in a whirlwind of different forces pushing and pulling on you. Emotions are high, decisions are forced upon you, and the choices need to be made and made fast. The weight of it all can make even the smallest tasks seem monumental. For most, it’s overwhelming.
So, it’s no surprise that you might be tempted to request an extension for a filing or service deadline. After all, life happens. You need more time. It’s only reasonable, it’s only fair, right?
Unfortunately, requesting a deadline extension in a divorce case is a more complicated matter than it first appears. In fact, it can actually end up doing you more harm than good. Here’s why you might want to work harder and longer to meet a looming deadline than to ask for an extension.
The Reality of Divorce Deadlines
Divorce cases come with strict timelines: filing initial paperwork, serving the responsive pleadings, preparing and submitting initial disclosures and your financial declaration, conducting and responding to discovery, responding to motions, and more. These deadlines exist for a reason: to keep things moving forward in the case. Deadlines ensure that the process remains fair, equitable, and as efficient as possible for both parties involved.
Of course life doesn’t always play by the rules of civil procedure. Sometimes, you really do need more time. Maybe you’re dealing with a crushing personal setback, a complicated financial situation, or you just wasted the time that you had. It’s tempting to ask for an extension to give yourself breathing room. But an extension for you can be a double-edged sword: you’re not the only one who could benefit from more time.
The Other Side of the Coin: Your Former Spouse
If you’re given extra time, you’re opening the door for your former spouse to do the same. While it might feel like a small concession, it could delay the process even further if your ex follows suit by asking for extensions of his or her own (“It’s only fair, right?”) Consider also that your spouse could abuse extensions to gain an unfair advantage.
Other Costs of Extensions
Moreover, if your spouse perceives you as dragging your feet, it can create more tension. He or she may become frustrated by the delay, and that frustration could spill over into the litigation and/or settlement negotiations, making it harder to reach a resolution. Extra time might seem helpful (even luxurious) in the short term, but it often increases the ultimate emotional and financial costs of the process.
Divorce proceedings are expensive, and the more delays you introduce, the higher your legal fees will climb. When deadlines are pushed, attorneys often need to devote additional time to stay on top of the case, prepare for rescheduled court dates, and respond to motions—time that they will, of course, charge for.
Even if you’re granted an extension, there’s no guarantee that the extra time will actually help your case. The shock of the deadline noose around your neck may wake you up from your self-imposed stupor, but what seems like an opportunity to “get things in order” can lead to you doing nothing other than kicking the can further down the road.
Stick to the Deadlines When You Can—It’s the Better Course Overall
While it’s true that flexibility is both fair and reasonable, sticking as best you can to the original deadlines in your divorce is still the wisest course of action. It keeps things moving, shows respect for your spouse and for the court, and saves time, effort, and money.
If you find yourself struggling to meet a deadline, talk to your attorney about your options. Your attorney might have ideas you did not or know of means and methods you may not be aware of, so that you can meet deadlines without needing an extension. There are some tasks that only you can do, so asking for “extensions” as a way of avoiding that work will only hurt you and your case.
Asking for an extension on a divorce filing deadline might seem like a helpful solution, but it’s important to consider the broader picture. It’s not just about your needs—it’s about the process as a whole, and how extending deadlines can adversely affect everything. Divorce is already a challenging experience. The sooner you can responsibly wrap it up, the sooner you can start moving on with your life.
Utah Family Law, LC | divorceutah.com | 801-466-9277