How do you move a divorce case forward when the opposing counsel is continually objecting and stalling the case, constantly amending the case, asking for more every time?1. I thought that was against the law to purposely stall?2. How to move forward to final divorce?3. Property before the marriage is not part of the case?
Country relating to Question: United States
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How do you move a divorce case forward when the opposing counsel is continually objecting and stalling the case, constantly amending the case, asking for more every time? The best way is to 1) not agree to any extensions that are not for good reason, or after numerous such requests. Often the other side has to ask THIS side permission (orally) before asking the final decision maker, the clerk or judge. If the request is opposed, it gives the judge more pause to decline the request.
1. I thought that was against the law to purposely stall? It isn't a crime, per se, but it does violate the court rules/rules of professional conduct, to unreasonably stall. And if someone is LATE on something, you can file a motion to enforce after confering with him on when he will get it in SOON and he fails, and ask for sanctions against him.
2. How to move forward to final divorce? If all discovery is done, ask the court to hold a hearing to decide the issues since they are not agreed on, if the case is a few years old, the court will be wanting it off its docket probably more than you do.
3. Property before the marriage is not part of the case?Property owned by one party, that was owned by that party before the marriage, typically is deemed separate property and is not split and distributed. It is part of the case because one's wealth CAN impact other issues (such as the need or lack of need for alimony, etc.), but the asset itself remains the owner's. However, if marital funds were used to make, say, mortgage payments or capital improvement or maintenance payments on that assets, a court can consider that and may find that the owner owes a portion of that money of the ex's, used for the owning spouses property, back to that non-owning ex.
Hope this helps. If divorce is not one of the most frustrating areas of law to be a litigant in, I don't know what is. Hang in there, it will happen. Feel free to follow up if you need clarification!
19+ Years of Legal Practice in Family law matters.
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