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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable family law attorney.
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What can be done when one party in a divorce is dragging their

Customer Question

what can be done when one party in a divorce is dragging their feet and making it impossible for the other party to get the divorce finalized ? He has made statements to the former spouse that he will not cooperate with anything and drag this out until he has bankrupted her with attorney fees. He has failed to pay two prior attorneys of his who have represented him over the five years this has been going on and has represented himself for about the last year. This has increased her attorney bills substantially and he is refusing to respond to her attorney. He is doing everything possible toot cooperate and in doing so drowning her in her own attorneys bills with no end in site. He has lied to the judge and the court regarding properties held in only his name and is trying to tell the court that his prior council told him to lie to the court after he was caught up in his lies. It just seems to me that there has to be something that she can do to end his stalling and attempts to brea
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you.
Q) What can be done to force him to end his bull shit and settle the divorce?
Set a trial date and notice the other side for trial.
You used the word "settle." A settlement, which is often the best way to finalize things in a divorce case, is an agreement. You can't FORCE the other party to agree. They are free to say, "No, I don't agree with what you want." You can, however, FORCE the other side to go to trial.
So, the person who wants the divorce needs to tell his or her attorney to stop negotiations, set a trial date, and notice the other party for trial. That actually may prompt the other party to settle more quickly, then, if he or she knows the clock is ticking and time has run out.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you, Customer
Customer: replied 1 year ago.
This is not the answer I was looking for. I know that by setting a trial date and going to trial he would be forced into a settlement and an agreement. However this just opens things up for a new round countless further attorney bills for her. It doesn't matter to him, he would probably welcome that. Would basically cost him nothing since he has no council and would further his attempt to bankrupt her. They have been to mediation and come to agreements. She was awarded the house and some properties in earlier sessions. She needs to sell these properties that are in his name only, and one or two that he changed title into his son by a prior marriage's name. They are just going thru the motions and not cooperating preventing her from selling the properties. He is claiming to be ignorant and not understanding the process which is false. He is a licensed real estate broker. He is now going after her retirement from the state. He is of retirement age, she is not. He beat her up, (has an alcohol problem) and left her with the house in forclosure and owing delenquent property taxes to the tune of tens of tvousand of dollars. She knew nothing of this before everything was thrown in her lap. She has had to use all her money to catch the house up and to try and pay her attorney bills for last five years. He fell after beating her up and cops took hom to emergency room acter arresting him. She was even taken to court and had to pay for his hospital and doctor bills from night he beat her up. She is still struggling to try pay property taxes but has no money. He was suppose to pay half of property appraisals
( 3,000 dollars ) but has paid nothing, leaving it all for her to pay. This goes on and on. They come to an agreement, like with mediator, only to change his mind later. Just more and more attorney bills. She is tapped out and broke but the attorney bills just keep coming. Even had to take out a 25 thousand dollar loan in daughters name to help with attorney bills. Because of the way he left her in dept her credit rating is terrible and couldn't get a loan in her name. Now that money is gone and the legal bills keep coming. It looks like she will be forced to declair bankruptcy due to outstanding debt. Exactly what he told her he would do. Bankrupt her, ruin her credit and send her to the poor house. All the while he stiffed his last attorney for 50K, and continues to just draw things out. Doesn't cost him anything, just her and further attorney bills.
I really don't feel any thought went into your reply. Didn't tell me anything I didn't already know. Your advice just creates more legal bills and there are no longer any assetts to pay them with. She is flat broke and still receiving legal bills of around 2K per month. Trying to keep house, pay her bills, attorney fees and there is no money. He is living with his son he transfered title of properties to, drawing his social security and claiming to be disabled and unable to work. There is no end in site for her. She can't afford to go to trial. He needs to be forced by the court to cooperate, allow her to sell properties and stop churning up her attorney bills somehow. There has to be a way. He is making a mockery of the court, has ruined her credit and bankrupted her with no ill effects on him. He obviously knows how to play the system by playing stupid. She can I'm sure go back to court and get a judgement for him to pay his half of the property appraisals. But what will she gain ? It will cost her more than the 3K to go to court and get tge judgement. He know this !!! And it just keeps going on and on with no end in site. He was left with properties too. But a judgement woukd just put liens on his properties and she woukd gain nothing. He will never sell the properties he was awarded so a judgement and lien are useless.
Again I think there was no thought in your advice. It was simplistic and common knowledge that anyone would know. I don't believe I should have to pay for what I was advised in your reply !!!
Expert:  S. Huband, Esq. replied 1 year ago.
I'll opt out and perhaps someone else can help you. Good luck to you!