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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I got divorced two years ago. Far too often, my ex wife and

Customer Question

I got divorced two years ago. Far too often, my ex wife and I are unable to agree on terms of our MSA, I end up having to go to court as my ex and her lawyer file a motion to court, since they do not communicate with me.
I received a motion to appear in court for oral arguments a few weeks ago. I cannot afford a lawyer, so I intended to present my response in court at date ordered to do so.
Two days before my court date, I got a call from judge's law clerk saying since I did not submit a formal reply to court in response to motion, my appearance in court was canceled and judge will decide my case on papers submitted from my ex wife, and with no formal response from me, it will be unopposed.
So I screwed up by not responding. I get it. I tried at 11th hour to seek an extension, and was denied.
Judge's decision unopposed will grant my ex full" power of attorney" rights relative to my QDRO, plus financial decisons, and my ex's legal fees.
This decision will have a huge impact on me financially.
Do I have the option to appeal this expected decision by the judge?
Michael
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I still recommend filing a responsive pleading to the motion. Basically that means you need to either admit or deny each allegation / paragraph of the motion. The paragraphs you deny you need to state your counter position. I would suggest that you submit a brief or memorandum in support of your response countering the position taken by wife. You actually can file an appeal to the final decision by the Court but you'll be facing an extremely uphill battle. You need to try to force the judge to accept some of your counter arguments. Filing an answer with a brief in support thereof would be the best way to do it. I would again request for a hearing on the motion alleging that there are factual issues in dispute that require determination,

Expert:  mmdesq replied 1 year ago.

Would you kindly rate me please. Thank you

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