MANHATTAN, NY – When one spouse intentionally drags out divorce proceedings in New York, courts have the authority to impose sanctions and allow the case to move forward without cooperation. Manhattan divorce attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/how-to-drag-out-a-divorce/) explains the legal remedies available when an uncooperative spouse tries to prolong the process through manipulation or refusal to engage.
According to Manhattan divorce attorney Ryan Besinque, New York courts can impose significant penalties on parties who intentionally delay divorce proceedings. Under New York Domestic Relations Law Section 237, judges can order the delaying spouse to pay some or all of the other party’s attorney fees when bad faith tactics waste time and resources. “Courts take their authority seriously and will enforce compliance when a party refuses to participate in good faith,” explains Besinque.
Manhattan divorce attorney Ryan Besinque notes that spouses delay divorces for emotional, financial, or strategic reasons. Some hold out hope that the marriage can be saved if they delay long enough, while others act out of anger and want to see their spouse suffer through a prolonged process. Financial motivations also play a role when one spouse attempts to hide assets, avoid support payments, or incur the other party’s legal costs.
Attorney Besinque emphasizes that certain conduct indicates intentional stalling rather than merely taking time to respond. Repeatedly rescheduling meetings with mediators or attorneys signals avoidance, while failing to sign documents or avoiding service of court papers significantly slows the process. Other warning signs include making false accusations, frequently changing attorneys, and refusing to communicate. “While some delays are normal in divorce proceedings, a pattern of these behaviors indicates intentional obstruction,” he adds.
Besinque explains that New York law provides mechanisms to obtain a divorce even when one spouse refuses to cooperate. A default divorce applies when a spouse has been properly served with divorce papers but fails to respond within the required timeframe—generally 20 days if served in New York State, or 30 days if served outside New York State. If the spouse does not file a response within this period, the spouse is in default, and the other party may proceed by submitting proof of service and requesting a default judgment.
The firm also addresses situations in which a spouse cannot be located to serve them with process. Divorce by publication applies when the parties have been separated for years, with no contact, and the filing spouse does not know the other party’s current address. “Before the court allows publication, you must demonstrate diligent efforts to locate your spouse,” notes Besinque. This includes searching last known addresses, contacting family members, checking social media, and using other reasonable methods.
Since 2010, New York has allowed no-fault divorce under DRL Section 170(7) when a marriage has irretrievably broken down for at least six months. While one spouse’s assertion that the marriage has broken down is generally sufficient grounds for divorce and the other spouse cannot contest the breakdown itself, the court cannot grant a no-fault divorce until all ancillary issues are resolved, including property division, spousal support, and child custody. “This requirement gives an uncooperative spouse leverage to delay by refusing to settle ancillary matters,” Besinque observes. “While they cannot prevent the divorce entirely, they can prolong the process by creating disputes over financial and custody issues.”
The Law Office of Ryan Besinque handles cases throughout Manhattan and the surrounding boroughs, including Brooklyn, the Bronx, Queens, Westchester County, and Nassau County. The firm addresses delay tactics through motions, court conferences, and, when necessary, sanctions requests. For those facing an uncooperative spouse in divorce proceedings, retaining an experienced divorce attorney may help protect their interests and advance the case.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm dedicated to divorce and family law representation throughout New York County and the surrounding boroughs. Led by attorney Ryan Besinque, who serves on the Manhattan Assigned Counsel Panel, the firm represents clients in divorce, custody, support, and family law matters. For consultations, call (929) 251-4477.
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Website: https://www.besinquelaw.com/
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
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Website: https://www.besinquelaw.com/