The length of time to finalize a divorce depends on the parties involved. Is it the longer the better, or the quickest it can be that is the best strategy?
By Bruce Bryen, CPA, CVA
We know that different people have different strategies when it comes to almost any decision in life. This is especially true when the point to be made is one of expediting or slowing down the process of divorce between a dentist and the soon-to-be ex-spouse of the dentist.
There are many concepts about why either approach may be important and also appropriate for the dentist or the spouse of the dentist. Many of the reasons for either approach will be discussed later in this article. As will be seen when reading some of the details listed below, many have nothing to do with money. In reality, a lot of the reasons have to do with the personal revenge, animosity, and the hope that the other spouse has some suffering to do.
Reasons for delays in a divorce proceeding involving a dentist
One of the first reasons for delay that isn’t contrived is that the attorney or the expert advisor for the dentist or the spouse may have to juggle their schedule because of emergencies. This can cause a delay, and it may be a long one which has nothing to do with either party to the proceeding.
Another cause of delay also involves an attorney. This could be that the attorney is not returning phone calls. There are many occasions when the attorney is too busy that he or she forgets who the client is and the lawyer not being responsive may cause the dentist or spouse to want to change attorneys because of a lack of that responsiveness. This is another problem and will cost more money and additional time since the new lawyer needs to become familiar with the case and prepare for whatever may occur. Whatever the reason may be for either attorney to be causing the delay, things such as postponements occur when good, busy attorneys are involved, and they are not planned. The process with attorneys is especially difficult when dental practices are involved since it is a rare attorney who has much experience in representation with a dental practice in any type of litigation. Other types of delays and their reasons will be discussed below that do not involve lawyers or those expert professionals who understand the dynamics of dental practices. Those family law expert attorneys will have an easier time representing the spouse of a dentist since those lawyers have a good understanding of divorce law and what it takes to advocate for the spouse.
Typical reasons for delay during the process of divorce between the dentist and the spouse of the dentist
A not-so-frivolous reason for a dentist or a spouse of the dentist to ask for a delay is the ability to find and compile the records needed for the presentation of their side of the divorce case is a difficult and a time consuming thing to do. Sometimes the CPA must become involved to retrieve tax returns and other financial data needed for substantiation when going to court because neither party to the case retained that information.
While living their lives, the dentist and the spouse are not typically thinking of what needs to be saved in case of a divorce. Going to court may involve gathering many years’ worth of records needed by the lawyer or the expert who is going to appear to present either side’s case. Without these records and proof of the verbal statements that are being made, it is as if those reasons made in front of the court do not really exist.
The more the ability to prove a detail the better it is to substantiate that idea. The more current the meaning and evidence, the better the chance will be in front of the court for the achievement of success. Another valid reason for a delay is that there are many times when either the dentist or the spouse simply runs out of money with all the charges that are incurred and the invoices that are seen. The frustration and the aggravation building up just increases the temperature of the parties. Sometimes either or both combatants simply throw their hands up and say, “take whatever you want,” it is not worth it anymore. With the divorce continuing and no end in sight, the outgo of money, aggravation and the other parts of life that aren’t always easy, causes the dentist or the spouse or both to want to end it all. Another issue that may occur is that there may be an additional man or woman who has become involved. If that takes place, the divorce may never end. Think of the clinician with his or her hygienist or other colleague. Think of the spouse with another professional who muddies the waters and is as involved as can be.
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How does the battle during the divorce typically end for the dentist and his or her spouse?
There usually has reached a time when everyone just says that they should go to court with whatever information they have for support because they are sick of everything. They decide to let the court determine what the proper settlement should be.
Another approach is that there is a final settlement conference to attempt a lowering of financial and non-financial demands so that an appearance in court does not have to take place. This would save an additional amount of money and frustration. Any good advisor will offer as advice that you never know what a court is going to decide no matter how strong your case may look. The advocate, who is the lawyer, will tell his or her client to never concede. Of course, that person is the advocate and expects payment for his or her time. The dentist and the spouse should add up the time and money spent and how much more will be consumed without the settlement agreement.
Editor’s Note: Bruce Bryen is a certified public accountant with over 45 years of experience and is a part of Baratz & Associates CPAs. He is a regular contributor to Dentistry Today and more articles on finance and practice acquisitions can be found at dentistrytoday.com. Bryen specializes in deferred compensation, such as retirement planning design; income and estate tax planning; determination of the proper organizational business structure; asset protection and structuring loan packages for presentation to financial institutions. He is experienced in providing litigation support services to dentists with Valuation and Expert Witness testimony in matrimonial and partnership dispute cases. You may contact him at [email protected].
