how to out lawyer your ex wife

The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.

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What to do if your ex has no attorney in court?

 · The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file …

Can a lawyer file a motion to remove an ex spouse?

 · Going to Court when Your Ex Doesn’t Have an Attorney. When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself. Your attorney will tell you what to expect in court ...

Can a judge order a person to pay for their ex’s lawyer?

 · Bob says: May 7, 2014 at 10:47 am. There is no doubt that the entire eco-system of attorneys, business analysts, psychiatrists, counselors, mediators, and consultants involved in our divorce were in collusion. There was no mistake that after the well had run dry that the attorneys settled for the exact amount owed.

Will my ex be able to speak in court?

 · When you’re in front of a judge or mediator, pretend you’re a reporter. Lay out the evidence that provides a narrative of your ex’s character and behavior. Remember: don’t get emotional! The more you stay calm and reasonable, the more your narcissist spouse will be frustrated that they can’t get you to look bad.

Can my lawyer represent my ex?

The Attorney Client Relationship That is prohibited. An attorney may represent only one person in a family law case, such as a divorce or child custody case. Failure to do that is usually a conflict of interest. That means what is good for one person might be a bad thing for the other person.

Can I sue my ex wife for emotional distress?

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

Can you sue your ex wife after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

Can I take my ex wife back to court?

The exact legal showing you need to make will depend on the specific laws of your state, but generally speaking, the only way to have the court reopen your case is to show a judge that exceptional and compelling circumstances exist.

How do you prove emotional distress?

For those considering or pursuing a claim for emotional distress, here are five ways you may be able to prove your claim:Intensity. ... Duration. ... Related Bodily Harm. ... Underlying Cause. ... Doctor's Note.

Can you sue your ex for pain and suffering?

Suing for pain and suffering emotional consequences of an event caused by negligence or intent is possible under U.S. law. This covers all kinds of mental suffering, including anxiety and depression, post-traumatic stress, and humiliation.

Can I sue my ex-wife for defamation of character?

You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.

Can I sue my ex for kicking me out?

If you kicked him out before filing an eviction, then yes, you can absolutely be sued for doing so. However, if sounds as if you asked him to leave and he did so. Only a court can order someone to leave, either by eviction, or by some other form...

Can you sue the person your spouse cheated with?

You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship. The adultery itself is not the crime; it is the actions of the other man or woman that determines whether a law has been broken.

Can a judge change a divorce agreement?

Once the judge is satisfied, the consent order is 'sealed' and becomes legally binding. At this point, the order is final and neither you, nor the judge, can usually change the agreement.

Can ex wife claim my 401k years after divorce?

Your desire to protect your funds may be self-seeking. Or it may be a matter of survival. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement.

Can my ex wife take my retirement money?

In terms of how much either spouse is entitled to, the general rule is to divide pension benefits earned during the course of the marriage right down the middle. Though that means your spouse would be able to claim half your pension, they are limited to what was earned during the course of the marriage.

Can I sue my ex wife for defamation of character?

You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.

Can you get compensation for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Can I sue my ex for PTSD?

You can sue for PTSD as the basis for an emotional distress claim in a personal injury lawsuit.

Can you sue someone for ruining your relationship?

The law allows individuals to sue others for ruining their marriages. While most states got rid of it years ago, it's still on the books in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah.

What is the phone number for a family law attorney in Washington State?

If you need help dealing with your divorce or a child custody matter, schedule an appointment to speak with our Washington State family law attorneys today by calling 509-572-3700.

What is a vexatious litigant?

When a person files frivolous motions or requests hearings with no legal basis, they are often termed a “vexatious litigant.”. In some states, like California, vexatious litigants are placed onto a public list so that judges and attorneys know who has been filing cases for no reason. In other states, like Washington, ...

Can a judge order a person to pay the other side's attorney's fees?

If the judge believes that a person is filing multiple motions or requests for the sole purpose of running up his or her ex’s legal bills, the judge can order that person to pay the other side’s attorneys’ fees. In extreme cases, the person filing the motion can be held in contempt and forced to pay fines, or even spend time in jail.

Can a judge remove a motion for contempt?

If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions. If a person has been warned by the judge to stop filing frivolous pleadings, then disobeying this command could lead to serious legal consequences. For instance, a person who has ...

Can an attorney file a motion against an ex spouse?

If, however, a spouse’s attorney agrees that the other person is filing motions inappropriately, there are several steps which can be taken. The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed.

Can an ex-spouse be a vexatious litigant?

First, people who believe their ex is a vexatious litigant must speak with their attorney. Just because a case has been going on for a long time, or has hundreds of docket entries does not mean that the other person is abusing the legal system. If, however, a spouse’s attorney agrees that the other person is filing motions inappropriately, ...

Can a judge declare a person vexatious?

In other states, like Washington, a judge may declare a person to be a vexatious litigant after that person files multiple frivolous cases or motions inside of a particular court. While most people in a divorce case do not take the step of filing multiple unrelated cases in order to vex their former spouse, some spouses—especially those acting pro ...

What to expect when going to court?

When you go to court, your lawyer will generally do most of the talking on your behalf. Unless the judge asks you a direct question, you probably won’t say much at all. However, your ex will be expected to speak for him- or herself. Your attorney will tell you what to expect in court before you go, which you can pass on to your ex if you’re so inclined. However, you aren’t obligated to share any information.

Is self representation necessary in divorce?

The Downside of Self-Representation During Divorce. While divorce seems like a straightforward process, that’s not always the case. In fact, there usually are back-and-forth documents that often need to be filed with the appropriate clerks within certain timeframes.

Can my ex talk to my attorney?

Your ex cannot talk to your attorney for advice. Your lawyer and your ex can pass on information to each other, because your ex has no one to speak on his or her behalf, but that’s the legal extent of their communication with each other.

Can a divorce lawyer give advice?

There are many websites that provide general information about divorce, but they can’t replace the case-specific advice that only an attorney can give . Well-meaning friends and family might be able to provide personal anecdotes about their own child custody , property division and other divorce experiences, but every case has its own nuances; what works for one person won’t work for another, even if the situation is similar.

How to deceive your spouse?

You can try to deceive your spouse by hiding or concealing assets, but don't forget that you're also messing with the law. According to Narris, if what you're hiding is discovered, you'll lose your credibility in court. There could also be stiff penalties, including monetary sanctions. To protect yourself and your property during a divorce, it's best to declare all assets upfront.

Why is divorce so stressful?

Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.

What is a DOS in divorce?

Typically, the court uses a formal date of separation (DOS) to determine property division and the value of certain assets. "If you are expecting a large increase in the value of a major asset upon a certain occasion, be mindful of that when you decide to initiate the divorce," said Narris. 23.

Does a mediator work for divorce?

A mediator doesn't work on behalf of any one party, just facilitates agreements. If you want to keep your divorce details behind closed doors while cutting costs, a mediator might be the best bet for both you and your bank account.

How much does a divorce cost?

It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.

Is there a tax break for money transferred during divorce?

Not so lucky is the payer, as there is no tax break for money transferred during the divorce process.

Is alimony taxable income in divorce?

On the contrary, if the transfer of money in a divorce is not considered alimony, the receiving spouse is in luck: these funds aren't regarded as taxable income, according to Christian Denmon, founding partner of Denmon & Denmon, a personal injury, divorce and criminal defense law firm in Tampa.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

Is a retainer a cost of divorce?

A not-so-fun fact: the initial retainer fee does not equate to the actual cost of handling a divorce matter. A retainer is only an initial advance on work undertaken by the attorney. Some lawyers will take advantage of a common misunderstanding that they are paying for the whole enchilada by trying to hook people with a low, low retainer fee, and then filling up your mailboxes with invoices once the time the retainer represents has been used up.

Can divorce be used for vengeance?

That the divorce process should never be used for vengeance. One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

Do we own our attorneys?

Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

Can you sue for undisclosed conflict of interest?

You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.

How to get a lawyer to see through a narcissist's facade?

In order to get a legal professional to see through the narcissist’s facade, you need to get your spouse to act the way they do with you when they are NOT in court, or in the mediator’s office. The judge or mediator needs to observe your spouse behaving badly in order to believe you. This will provide evidence that no amount of explaining ever will.

How to win a narcissist court case?

Winning in court or in mediation requires backing up your statements with evidence. Your opinions are hearsay, but documented facts are proof. When you’re in front of a judge or mediator, pretend you’re a reporter. Lay out the evidence that provides a narrative of your ex’s character and behavior. Remember: don’t get emotional! The more you stay calm and reasonable, the more your narcissist spouse will be frustrated that they can’t get you to look bad. Your demeanor, and exposing the inconsistency between their words and their actions, will make your spouse reveal their true personality.

What does it mean to lock your spouse out of the house?

Locking you partner out of the family house even though he/she isn’t a threat to you: If no abuse is involved, this is usually a needless power maneuver to escalate the divorce battle.

When do you dump your partner?

Dumping your partner during a time of celebration (anniversary, giving birth): Some partners insist on sadistically stealing your joy.

What are the maneuvers used in divorce?

Here are seventeen distasteful and oftentimes provoking maneuvers employed by both men and women during the divorce process: Rejecting or delaying a raise at work in order to reduce (or avoid paying) alimony or child support payments: Some people quit their jobs rather than pay their partners any money.

Can you ridicule your estranged spouse in front of your children?

Consistently ridiculing your estranged spouse in front of your children: Creating loyalty conflicts won’t serve your children well.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

Why do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge on their dealing with a judge.

Can a deadbeat dad not pay child support?

It isn’t only deadbeat “dads” that get away with not paying child support; it is any non-custodial parent in possession of an order to pay child support.

Can a father go to jail for not paying child support?

Family court judges have the power to send fathers to jail for not paying child support . Numerous judgments bear testimony to the fact that judges are reluctant to exercise this lawful power against fathers.

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...