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HelloThis is Samuel and I will discuss this and provide you information in this regard.
I am sorry to hear of this matter. Divorces are often frustrating and tiring. What information can I provide for you? What are your questions in this regard, please?
Thank you.Then as I read it you ask:"He told me that in the final hearing if I respond to a question about not being satisfied with getting complete discovery or investigation of the suspicious transaction, that my case will be stricken, meaning we will be back to where we were before my husband filed. Is that correct?"Answer:Under RULE 40 GENERAL DOCKET, TRIAL ROSTERS, AND CALL OF CASES FOR TRIAL
(j) Case Stricken From Docket by Agreement. A party may strike its complaint, counterclaim, cross-claim or third party claim from any docket one time as a matter of right, provided that all parties adverse to that claim, counterclaim, cross-claim or third party claim agree in writing that it may be stricken, and all further agree that if the claim is restored upon motion made within 1 year of the date stricken, the statute of limitations shall be tolled as to all consenting parties during the time the case is stricken, and any unexpired portion of the statute of limitations on the date the case was stricken shall remain and begin to run on the date that the claim is restored. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.So in short, yes, it is possible.Thank you for your patience while I researched and pulled that law for you.
Please let me know if you have other questions, need more information or clarification.Thank you.
Both parties would need to agree for it to be stricken. That means it would be taken off the Docket until all issues are resolved and then it will be placed back on the docket.
I am a live human. But we can only answer what you ask. And so if you have other questions you may ask them here.
I always try to provide the pertinent law so you can see that I am not just talking from my head and that there is law to support my answers. I suggest you can mention that Rule to your attorney and see what he has to say about it.
So when he says "square one" that only means the matter could be placed on hold until a compromise or final resolution.
I suggest, you can tell your attorney you want to have the information on what appears to be hidden assets before you proceed and that you are willing to have the matter "stricken"which means removed from a final hearing docket. The matter can be "stricken" for up to one year before it really goes back to "square one."
Thank you for your understanding of how this website works and your patience while I got the pertinent law for your reference and typed my responses.
Again, if you have further questions you may ask them here. I do not participate in the phone calls offered by this website, but I will continue to provide any information you need in this regard here, once I know what that is.
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Ok. Thank you. I am sorry to hear that it appears your attorney simply wants to collect his fee and not work for your best interests. I am not sure why another attorney is not interested in your situation. It is unfortunate that mediation is not working fairly.I suggest you can tell these things to your attorney and tell them that you want to keep your money, let him keep his money, and that if the matter is stricken you understand that it can be placed back on a docket within one year. You can tell your attorney if he does not work more favorably with you instead of against you, you will file a complaint with the Bar Association and even a fee dispute because it is quite evident the spouse is hiding assets and you feel it is imperative to hold him responsible.
I am sorry this is happening to you. Often times, the one complaint upon many complaints is the straw that breaks the camel's back. Your's could be the one.