Why Do Lawyers Drag Out Cases? Family Law Secrets You Need to Know

Ever felt like your family law case is stuck in slow motion? You're not alone. Divorce, child custody, and support cases can drag on for months or even years—and it isn't just bad luck. The truth is, there are real reasons behind these endless delays, and they're not always as obvious as you'd think.

The court system itself isn’t built for speed. Judges are overloaded, paperwork piles up, and even something as simple as scheduling a hearing can take weeks. But the real kicker? Sometimes, the lawyers themselves play a big part in stretching things out. That’s not always about greed—though big legal bills can be tempting. At times, lawyers are stalling for strategic reasons or just navigating a system that's designed to be slow.

If you're tangled in a family law case, there are ways to spot the hold-ups—and sometimes give them a little push. Knowing why things drag and what you (and your lawyer) can do about it can make a huge difference. Before you start blaming your lawyer or the other side, it's worth learning how the system really works. You might find out there's more going on behind the scenes than you imagined—and a few moves you can make to keep things moving forward.

• Court Chaos: Why the System Crawls
• Lawyer Tactics—Stall or Strategy?
• Busy Schedules and Bureaucracy
• When Delay Helps (and Hurts) Your Case
• How to Speed Things Up

Court Chaos: Why the System Crawls

If you’ve ever sat in a family court hallway, you know the drill—waiting for your case, watching people shuffle papers, and feeling like your whole day is slipping away. Turns out, that’s how it goes for almost everyone dealing with family law cases. The system just isn’t designed to move quickly.

Let’s talk about what this really looks like. Most family courts are dealing with way more cases than they can handle. It’s not unusual for a single judge to be tackling hundreds of open cases at once. When the caseload explodes, things naturally slow down. Family law always gets a huge chunk of court time, since divorces, child custody battles, and support issues don’t stop for weekends or holidays. And there are only so many judges and courtrooms to go around.

Here’s another big reason: paperwork. Even in 2025, courts still run on a ton of printed forms. Every motion, response, and order has to be reviewed, stamped, and filed by hand, often by overworked clerks. Lose a file, miss a signature, or have a stack of paperwork to process? Everything comes to a halt.

Slow court cases aren’t just about overwhelmed judges. Scheduling is a pain, too. Both sides need to find days when their lawyers are free, a judge isn’t already booked, and there’s a courtroom open. It’s like trying to find the elusive meeting slot on a group calendar, except the stakes are way higher.

Here’s how this can look by the numbers:

Sounds frustrating, right? But knowing these bottlenecks is the first step to working with your family law attorney and setting realistic expectations. If you’re facing delays, you’re definitely not the only one—the whole system is built to crawl, not sprint.

Lawyer Tactics—Stall or Strategy?

Dragging out cases isn’t always about running up a client’s bill. In family law, lawyers use delay tactics for all sorts of strategic reasons. Sometimes, they’re just buying time to help their client gather important evidence, build a stronger case, or even cool off emotions when things are super heated between the two sides. Other times, dragging things out puts pressure on the other party to settle, especially if one side is running out of cash or patience.

Here are a few common ways lawyers drag out cases in family law:

• Requesting more time. Lawyers often ask the court for extensions on filing documents or rescheduling hearings. These extensions can add weeks or months to your case.
• Bombarding with paperwork. Some lawyers flood the other side with motions, requests for information, and other filings. Each one needs a response, which slows things down.
• No-shows and last-minute cancelations. It’s not unheard of for lawyers to miss hearings on purpose or cancel mediation at the last minute. This means everything gets pushed back.
• Dragging out negotiations. Negotiation sessions sometimes get stretched out when one side isn’t ready to make a deal. Sometimes it’s a power move, other times just not being prepared.

But before you get frustrated, sometimes these stalling tactics aren’t just for show. A 2023 report by the American Bar Association found that about 40% of family law attorneys admit using delay tactics to protect clients facing immediate threats, like domestic abuse or financial trouble. It’s a fine line between smart strategy and unnecessary stalling.

So how can you tell the difference? Here’s a tip: if your lawyer walks you through why a delay could help, it’s probably strategy. If they dodge questions and keep billing you for months without progress, it could be time for a second opinion. Knowing these tricks means you’re less likely to get played—by your own team or the other side.

Busy Schedules and Bureaucracy

The truth is, family law courts run on a schedule that feels impossible sometimes. Judges might be handling hundreds of family law attorney cases at the same time. In bigger cities, you can wait months just for your next court date. Lawyers are stacking cases too, bouncing between courts, meetings, and mountains of paperwork. No one’s just sitting around waiting for your file to land on their desk.

Then you’ve got the endless bureaucracy. Every step eats up time—filing motions, waiting for responses, getting documents signed, and chasing down missing forms. If someone misses a deadline (and it happens a lot), the entire case can get bumped to the back of the line. Sometimes, one late parenting plan or financial statement adds weeks—if not months—to your divorce or custody process.

This backlog gets even worse when you factor in how the pandemic slowed courts down. A report in 2023 found some U.S. family law courts had case backlogs stacked up for over a year due to a shortage of judges and support staff. It’s still not fixed in many places.

If you want to keep your lawyers drag out cases problem in check, keep every document organized and respond quickly when your lawyer asks for info. Stay on top of all requests—even if they seem nitpicky. The less waiting, the faster your case can move.

When Delay Helps (and Hurts) Your Case

Dragging out a case isn’t always about running up the bill. In family law attorney work, delays sometimes help—or mess things up—in ways you might not expect.

Let’s look at how waiting around can work in your favor. Say you’re fighting for custody and your ex is making rash decisions or acting out. Extra time can give their bad habits a chance to show up in court records. The same goes for finances: if your spouse is hiding money, the longer the case goes, the more likely their tracks start to show. Sometimes a smart lawyer drags out a case just enough to let a better deal pop up, maybe after new evidence turns up or tempers cool off and people get more willing to settle.

But there’s a flip side. Delay can turn into a big problem, especially in divorce or child custody fights. The longer things drag, the more stress on you, your kids, and your bank account. Bills keep adding up, documents get stale, and memories fade—making it harder to prove your side. Kids, in particular, can be hit hard if they’re stuck in limbo or dealing with constant lawyer meetings. And don’t forget: judges get impatient, too. They might start pushing both sides to accept a deal just to clear their docket, even if it’s not in your best interest.

Here’s a quick look at the outcomes:

Bottom line: Not all case slowdowns are bad, but you need to know when a delay is strategy and when it’s just draining your time, money, or patience. Sometimes, talking openly with your family law attorney can tip the balance—get specific, ask questions, and decide together if waiting is really working for you.

How to Speed Things Up

If you’re stuck wondering why your lawyers drag out cases, here’s the good news: you don’t have to sit and wait forever. There are some practical things you can do to push your family law attorney into action and help make the court move faster. It’s not about magic, but it’s definitely not hopeless, either.

First off, communication is everything. If you don’t understand what’s going on, ask for regular updates. Sometimes lawyers get sidetracked with other cases, so a quick email or call can remind them to keep your file on top of the pile. Keep your documents organized and ready—courts will not wait for missing paperwork, and every delay can set your case back weeks.

• Stay organized: Create a checklist of all documents your lawyer needs. Send everything as soon as possible.
• Respond fast: When your attorney asks for info or a signature, don’t wait. Fast replies keep things moving.
• Push for deadlines: Ask your attorney what comes next and when you can expect updates. Set small, realistic timelines together—you’re allowed to expect progress.
• Consider mediation: A lot of family law attorney cases, especially divorces, get stuck because people just can’t agree. Mediation is usually much quicker (sometimes just a session or two), and many courts actually require you to try it before going to trial.
• Request video hearings: Many courts now do hearings by video. These often get set sooner than in-person dates, because nobody needs to shuffle schedules or travel.

It’s a fact: surveys from 2023 showed that only about 7% of divorce cases in the U.S. end up at trial. That means most cases eventually settle—but a big chunk of the delay happens waiting for everyone to agree. By staying proactive and open to compromise, you can shave months off your timeline.

You can’t control everything, but you can avoid some of the biggest headaches. If you ever feel like your lawyer is dragging out your case for no good reason, remember: you’re the client. It’s completely fine to ask what’s slowing things down and what’s being done about it. Keep things clear, keep documents handy, and keep nudging things forward—that’s how you break out of the legal slow lane.