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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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I wanted to no if I can continue a trail for divorce if my

Customer Question

I wanted to no if I can continue a trail for divorce if my attorney isn't prepared.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Va
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I filed in 2013 Nov he never answered and we tried to get back together. It didn't work I left march of 11 of 2016. He then went in April of 2016 and filed a late answer and was granted it by the judge.now they are say in on the 11 of this month the judge is not having this on her docet any longer and the divorce will be final. This man had a std Herphies that he never told me about and that was the reason forms leaving to begin with. My attorney is telling me we can sign the divorce on length of time and then follow up with property and the crueity
Submitted: 8 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

It is always possible to request a continuance, but the judge has complete discretion over whether to allow it. The more time between making the request and the scheduled court date the better, so if you could get your lawyer to request a continuance today, that would help your case. You unfortunately cannot file without your lawyer. Because this case has been going on for 4 years, it's possible the judge will not allow another continuance, especially if they've already said that this case has to be resolved on Jan. 11.

It's possible that your lawyer won't want to file as a way of avoiding upsetting the judge less than a week before trial. That's fairly common - if he's positive the judge will say no, many lawyers wouldn't want to file. But you have nothing to lose by asking your lawyer about filing.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 8 months ago.
OK but it hasn't gone on for that lenghtbof time we got back together and then separated again.we've been together since the first filing. I left march 11 2016 he got to file a late answer on april2016. This man I found out had a std that I never new about until just recently HERPHIES we also had sex during the whole time since 2013 until I found out
Expert:  Lucy, Esq. replied 8 months ago.

I accepted your phone call request, but there was a problem with the payment. Customer service is going to contact you.

Customer: replied 8 months ago.
I don't have the funds to do that sorry
Expert:  Lucy, Esq. replied 8 months ago.

That's OK. We can continue here.

The reason I'm concerned the judge might say no is that you said he already said that he wants the case off his docket. That doesn't mean you can't try. It just means that the request might be denied. You'd have a better chance if you could file today.

Customer: replied 8 months ago.
OK this is the first time it has ever enter her court room. I just deeply feel my lawyer isn't ready. He says sign the divorce on length of seperation and then we will reserve jurisdictions for the rest. This man after 14 years of being together and 12 years of marriage didn't tell me of his std he had for 4 years prior to meeting me. I feel like if it isn't all heard that day it won't much matter after because I sign on the 11
Customer: replied 8 months ago.
Only for 8 months has this case been active
Customer: replied 8 months ago.
I can't on length of seperation period its not even been a year
Customer: replied 8 months ago.
This case in 2013 would have purged after 2 years but the attorney I had then filed a remove from counsel to the courts because it had been inactive for so long
Expert:  Lucy, Esq. replied 8 months ago.

Talk to your lawyer about why you don't think he's ready. See if he can say anything to make you feel better.

Expert:  Lucy, Esq. replied 8 months ago.

If you filed for a no fault divorce, I'm afraid his behavior isn't relevant. The divorce will be granted if one of you testifies that the marriage is broken and cannot be repaired.

Customer: replied 8 months ago.
Its not working . we met yesterday and he did tell me that he doesn't have all his ducks in a row and we need more time. He thought that he would make a deal. We own a home and a rental property my lawyer thought he would settle. All I hearvbis that my husband wants it done now and doesn't want it exposed in a court room. I feel I'm the victim and he getting every wish
Expert:  Lucy, Esq. replied 8 months ago.

If that's really your concern, you do not have to sign anything. You can stand your ground until you get what you think is a fair settlement.

Customer: replied 8 months ago.
You said he should have file the continued but the trail date was just entered on 12 22 2016 its only been on the docket for10 days or so not that many if you count the holidays
Expert:  Lucy, Esq. replied 8 months ago.

No, I'm saying the sooner it can be filed the better. As soon as you know you need to continue, it's best to file right away. If you wait to file until next week, the judge might say no.

Customer: replied 8 months ago.
Can I rehire another lawyer or is it to late for that. He told me that it didn't matter if I signed the judge was divorce us on that date period. I feel like I'm being railraoded between both attorney and the judge. Because how can she say that wehen the case hasn't even been in front of her yet
Expert:  Lucy, Esq. replied 8 months ago.

Your lawyer needs permission from the judge to withdraw. If he filed to withdraw now, the judge might deny it because she's planning to end the case.

A divorce case doesn't require a settlement. If the two of you can't agree by the hearing, the judge will enter an order consistent with Florida law. Which essentially means that each of you will get half of everything.

Customer: replied 8 months ago.
I'm afraid that's not going to happen if I sign on the 11 I feel like the rest will be forgotten
Expert:  Lucy, Esq. replied 8 months ago.

If you don't agree, you don't sign. Period.

Expert:  Lucy, Esq. replied 8 months ago.

You're right that if you sign a settlement on the 11th, the judge will never hear about your husband's infidelity or giving you an STD. Because legally, these things do not matter in a divorce.

Customer: replied 8 months ago.
He says I have to or the judge is anyway
Expert:  Lucy, Esq. replied 8 months ago.

Then let the judge do it. If the judge does it, you can appeal. If you sign, you can't.

Customer: replied 8 months ago.
I feel like I have no choice none what so ever just what my husband wants
Expert:  Lucy, Esq. replied 8 months ago.

You always have a choice. But it sounds like you're giving up. If you choose to give up, then you are stuck. You have to make a decision to fight for what you want. Only you can do that. I can't do that for you.

I'm sorry, but I have to step away for a bit. I did not expect when I answered your question that it would take more than 45 minutes.

If you have any more questions, I can answer them when I return.

Customer: replied 8 months ago.
My attorney told me that if I sign then when he is done with the other case they will am end it and put his std in the papers on the 11
Customer: replied 8 months ago.
Ok
Expert:  Lucy, Esq. replied 8 months ago.

Yes, if you sign, the case is done on the 11. If you don't sign, it sounds like the judge will end the case anyway. The judge will apply Florida law and should give you half of everything. So if the papers you have don't give you half of everything, you may benefit from refusing to sign. You can also spend the next week trying to negotiate a better settlement.

Expert:  Lucy, Esq. replied 8 months ago.

I'll be online for a couple more hours if you have any other questions. If not, please rate my answer positively, as this is the only way I get paid at all for the time spent answering your questions. If you're on a mobile device, you may need to scroll to the left. Thank you.

Expert:  Lucy, Esq. replied 8 months ago.

Do you have any other questions about this?