Stalled by Allegations: How Accusations Can Delay Legal Proceedings

Divorce proceedings often encompass matters related to child custody, support, property division, and the equitable distribution of assets and debts. The initial phase of gathering information can be extensive, involving exhaustive analysis of financial records, schedules, and other pertinent details to facilitate fair determinations regarding custody, support, and asset division. However, delays in the divorce process can arise when one or both parties, or even external entities, level allegations. This blog will explore how different allegations can stall proceedings or create additional legal issues that could potentially derail your overall legal goal. 

For instance, within the course of a divorce proceeding, one party might file a protective order against the other, potentially involving the children. The court may grant this immediately on a temporary basis or they may set this for a hearing. This intertwines the protective order issue with the divorce proceedings and may impact parenting time arrangements or communication between the parties. Allegations (founded or unfounded) can often times create substantial issues and delay your proceedings. 

Another factor that can derail a divorce proceeding is an allegation reported to the Department of Child Services (DCS). Such allegations trigger serious investigations to ascertain their validity. In some instances, they may lead to a Children in Need of Services (CHINS) case being filed with the court, adding complexity, and potentially prolonging the dissolution process or complicating custody determinations.

Additionally, a criminal case emerging during a divorce proceeding can introduce significant delays. If one party faces arrest or charges during the divorce process, it could impede progress or necessitate a pause in proceedings. For example, if a parent seeking custody is arrested for drug-related offenses, it could significantly disrupt the custody proceedings.

Accusations and allegations have the potential to disrupt and prolong divorce proceedings, ultimately influencing the final outcome of the case. It is important to have skilled attorneys who are familiar with potential delay tactics to help navigate your situation. Ciyou & Associates, P.C. has skilled family law attorneys who work on cases that may be associated with allegations stemming from divorce – such as DCS and CHINS. Perhaps you have a spouse who has made an allegation against you. Maybe your name is being run through the mud. Ciyou & Associates, P.C. may be able to help you. 

This blog is not legal advice and is not a solicitation for services. 


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