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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37065
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am the respondent in a fl. divorce. Question, opposing

Customer Question

I am the respondent in a fl. divorce. Question, opposing counsel has filed a motion to amend the petitioners financial affidavit, must this have a hearing before she can do it? Do all motions require a hearing, before the subject matter can be done? What
motions do not require a hearing? I am prose and I have the feeling that counsel, is taking advantage of me, do to the lack of my knowledge of the law. thanks ken
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Virtually all motions will result in a hearing being set, with rare exception. For example if you respond to the motion that you have no objection to the amended financial affidavit, then the court may simply grant the motion, ask the other party to prepare the Order and cancel the hearing.

Absent something like that, there will be a hearing set. I see no reason to believe that opposing counsel is doing anything improper or with the intent to harass you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
Hi Doug, thank you for your help. I am sick right now, so there might be a time delay. That is what I was afraid of. Opposing counsel; has amended my wife's financials once already with out telling me of a hearing. 1 week ago she sent a motion to the court seeking to amend them again. She did not send me a copy, I got it from the court, what do I do? Opposing counsel has never notified me of a hearing? She is defiantly taking advantage. This is now going to get very ugly. I am going to file some of my own motions next week. Based on what I just mentioned do I have to notify her of hearings on my motions?
thanks
ken
Customer: replied 1 year ago.
the judge, set the pretrial conference for nov. 14th, so time is now of the essence.
thanks ken
Customer: replied 1 year ago.
I do have an objection to her amended financials. I had filed a objection to giving her my financials, don't ask she filed for sanctions on me. the court did not sanction me, but she got the financials, after she got them she said she was going to amend.
My wife, wants alimony, so I would say she is on a fishing trip, to see how much she can grab.
Are you going to be around this weekend? I have so much more to ask you.
Thanks,
ken
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I apologize, but I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug