Ben Affleck is happy in his relationship with Saturday Night Live producer Lindsay Shookus and Jennifer Garner seems to have healed her broken heart. So why are these two dragging their feet in their divorce?
They’ve waited so long they’re now in danger of having the whole case dismissed due to lack of forward movement.
It’s been three years since the two announced they were separating and over a year since they officially filed for divorce. Now, Los Angeles Superior Court is asking the exes to hurry up and agree on a settlement or “the court may dismiss your case for delay in prosecution.”
The two have no interest in reconciling as far as reports go, even though they get along amicably now and are happily co-parenting their three kids together. So what’s up?
According to Us Weekly, it may be Jen who is refusing to budge. It was recently reported that the actress has “frustrations” with her ex and wants him in a fully stable mental state before finalizing the divorce. “Jen is hesitant to sign off until she’s certain that the kids will be in the best hands at all times. Finalizing the divorce has been a long process because of it,” Us Weekly reports. A source also claims she’s no fan of Ben’s girlfriend, and doesn’t want her in the kids’ life.
Neither have given any clue as to why no one is taking action in the case, but Peter Walzer of L.A. based family law firm Walzer Melcher tells Personal Space that the courts get so backed up they want to move along their cases — if they aren't seeing progress they can dismiss a case, like the Ben-Jen divorce.
"If the court doesn’t get any info from the lawyer, they can dismiss it," Peter says. "It's so the court doesn't get backed up. They've been enforcing it recently; I've gotten letters [telling me what to do to move it along]."
He adds that all Ben and Jen have to do is either file what the court needs them to file to finalize the case or request an extension with the intention of settling.
"It's possible they're putting it off because everything’s working out and they don’t need or want to divide their property and assets because that can be contentious and difficult," he says.
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