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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?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?
Optional Information: Country relating to Question: United States
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...Can you tell me what State this is in? ------ Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you. Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.
Florida
United States-- Florida
Hi again, and thank you for that clarification. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge. Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! That being said, with regard to your post:
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!
Experience: 19+ Years of Legal Practice in Family law matters.