Four Common Divorce Stalling Strategies

If you want to get through the divorce process as quickly and painlessly as possible, you are certainly not alone. Many people desire an efficient, low conflict divorce. Unfortunately, there are also some people who try to use every trick in the book to slow things down – employing stalling tactic after stalling tactic.

As frustrating as this can be to deal with, we want you to understand that there is always a path forward. Your spouse cannot stop you from getting a divorce in Minnesota. In this article, our Mankato divorce attorneys discuss some of the most common delay strategies that people use and explain what you can do to get through them.

  • Refusing to Engage With the Divorce Process At All

Some people simply refuse to engage with the legal process at all. They may not even respond to phone calls, let alone talk about a settlement. Under Minnesota law, you can get a no-fault divorce on the grounds of an irretrievable breakdown of the marriage relationship—meaning you can get a divorce even if your spouse refuses to engage at all. If your partner is refusing to engage, our Mankato divorce lawyers can help you file a divorce petition.

  • Consistently Shifting their Demands in Settlement Negotiations

Some people try to delay divorce by agreeing to negotiate, but then repeatedly shift their demands in negotiations making it all but impossible for an agreement to be reached. It is a best practice to try to negotiate a divorce settlement that works for both parties, especially if you have young children. That being said, if your partner is negotiating in a bad faith manner, you have every right to file a divorce complaint and take the case to court.

  • Hiding From a Complaint (Service of Process)

In Minnesota, a divorce petition must be served on the respondent. When a divorcing couple is able to work together, they can waive the service of process requirement. If you file a divorce petition on your own, you have to serve the papers on your spouse in the appropriate manner.

Sadly, some people try to hide from the process server. The good news is that they cannot stop the divorce by simply dodging the divorce papers. Once you make a good faith effort to serve papers, the court will allow you to serve notice via a local publication.

  • Filing Bad Faith Motions in Court

Your spouse may try to slow down the divorce process by filing frivolous or misleading legal motions in court. While this is one of the more complicated stalling strategies, an experienced Minnesota divorce attorney will be able to protect your rights. No matter what legal document your former partner files, your lawyer can respond.


At Kohlmeyer Hagen, Law Office Chtd., our compassionate Minnesota family law attorneys provide effective, experienced advocacy to clients. If you are trying to overcome your spouse’s frustrating stalling tactics, we can help. To request a free initial consultation, please contact us by calling our Mankato office at 507-200-8959. We serve communities throughout all of Southern Minnesota.

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