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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Greetings Lucy, I filed the necessary paperwork on 6/6/13

Resolved Question:

Greetings Lucy,

I filed the necessary paperwork on 6/6/13 (including a rule nisi) - defendant was served 6/17/13, an answer was not filed, court date was scheduled for 8/19/13, check yesterday as I do everyday and the hearing was canceled. Called up the clerks office to be told that the defendant has decided to file an answer. Checked up again today to see that he has hired a lawyer. The motions filed by his lawyer are: 1) Appearance of Counsel - Attorney for Defendant, 2) Unscheduled Document - Notice of Rescission, 3) Attorney Leave of Absence, 4) Answer - Attorney for Defendant, 5) Counterclaim - Attorney for Defendant

The court clerk has told me to still on 8/20/13, a day after the regular scheduled date. I plan to attend, but can't keep on taking off time from work. This places my employment in jeopardy.

What motions can I file to try and keep the date of 8/20/13 (although uncalendared) as well as answer all of those motions/answer his attorney has filed. I cannot afford an attorney, and this is causing a serious physical and financial strain on me and the minor child.

PLEASE HELP!
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

I'm sorry to hear that this happened.

What is the purpose of the hearing on Aug. 20?
Customer: replied 1 year ago.


The Judge's clerk just said to report on the 20th, because it's now a contested divorce, since the defendant has chosen to answer. It was originally scheduled on the 19th under uncontested because he never supplied an answer within the given time frame.


 


Lucy, I really have to get this settled, I am deteriorating and afraid that I will no longer be able to care for my child.

Expert:  Lucy, Esq. replied 1 year ago.
I know that the process can be really stressful, but it's not terribly complicated. It's important to try to stay calm, because it helps you to convey to the judge what you need and makes it easier for him to understand your arguments. You should receive the Answer and Counterclaim in the mail. You can file a response to the Counterclaim, denying whatever it is that he's asking for. That's the only thing that needs to be filed - Answer to Counterclaim.

Make sure that the calendar shows that the hearing on Aug. 19 was canceled. It should also show something on Aug. 20 - and tell you what it is. If your ex is requesting temporary custody, then the hearing may be to determine who should get custody until the divorce is finalized. Be prepared to show why being with you is in your daughter's best interests. But you may also want to check back in a couple of days to see what the hearing is - it could just be a status conference. At a status conference, you just go in and tell the judge whether you need discovery before proceeding to trial and he addresses scheduling and other preliminary matters.

There unfortunately isn't much that can be done to stop him from trying to drag it out. There aren't any specific motions that can be filed pre-emptively to stop someone from rescheduling a hearing. However, you can object if he starts trying to reschedule or cancel hearings for the sole purpose of delay. Judges really don't like when that happens. Hopefully your boss will understand if you have to schedule or reschedule time off, since these things are beyond your control.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21077
Experience: Attorney with experience in family law.
Lucy, Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

So I shouldn't object to the Notice of Rescission and Attorney Notice of Leave Absence? Does the Attorney Notice of Leave Absence mean that his attornet represents him, but won't be in court? Or does it mean he will be out of town and wants the date to be postponed?


 


 


The Notice of Rescission I believe is due to the fact that we have a signed contract on how much he agreed to for child support. I filed that with the papaerwork.


 


I'm petrified of going against an Attorney, I'm even more afraid of having a an anxiety attack.


 

Expert:  Lucy, Esq. replied 1 year ago.
The only way to know how to respond is to read the documents. If they're asking to rescind the agreement (which seems likely), you can file an objection - but you won't know until you read it. The same is true with the Leave of Absence. It may be saying that the attorney isn't available on Aug. 19 and be the reason that the hearing is rescheduled. But it could be asking to put the case on hold - or something entirely different. You very well may need to file something in response, but there's no way to know until you get the copies. If you don't want to wait for them to arrive in the mail (and I wouldn't blame you), you can go to the court and get copies, or you can call the attorney and see if he will email them to you.

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