why is my exs lawyer stalling custody

by Kay Gislason 7 min read

One of the more common strategies for stalling during divorce is withholding documents. Your spouse may fail to respond to requests from your attorney for financial information and other important details. They may request extensions, reschedule or simply fail to show up for meetings.

Full Answer

Why is my husband stalling on divorce?

 · 2 ANSWERS. Contact your county's legal aid office and request an attorney. * This will flag comments for moderators to take action. That will help level the playing field and hopefully allow for a finalization of your divorce. * This …

Why does my ex want to delay my divorce?

 · FOR CONSULTATION on IMMIGRATION or FAMILY LAW MATTERS Contact: Law Offices of Jennifer L. Bennett, 312.972.7969, attorney_jb@yahoo.com, 3806 W. Irving Park Road, Suite B, Chicago, IL 60618. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all ...

Do divorce/custody attorneys work together?

 · Tell your lawyer, if you have one, that you no longer want to agree to passing the case. Make the other side file a motion for continuance next time they want to move the date back. So long as you "agree" and continually oblige them when they make a request, you'll never get to trial. One reset is common courtesy. That's enough.

Should equal and shared custody be the rule not the exception?

 · Contact a family law attorney. A family law attorney is the best solution when your ex-spouse is being uncooperative, controlling, or aggressive. First of all, you can have the lawyer interact with your ex on your behalf. The attorney is trained to deal with difficult adversaries and can handle manipulative, controlling, or threatening behavior. The attorney is also familiar with …

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

How do Divorceers deal with stalling tactics?

A common tactic in a stalled divorce is for your ex to reschedule meetings either with your mediator or between you and your lawyers. This often happens last minute so that you have to set a new date further out. By doing so, your ex can continue to delay your divorce until they see fit.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.

Why is my ex stalling your divorce?

A number of reasons can cause this. Your spouse may want to delay things for financial gain. Your spouse may not want the divorce or simply wants to drag it out to punish you. Your spouse may just be difficult and cannot handle the process amicably.

How do you deal with a vindictive husband in a divorce?

It's not easy dealing with a vindictive spouse during a divorce, but there are things you can do to minimize the impact of his or her actions.Remain Calm. ... Pay Attention to Your Behavior. ... Don't Stop Talking to Your Spouse. ... Consider Your Financial Future. ... Avoid Putting Your Children in the Middle.

What is reasonable response time for a lawyer?

within 24-48 hoursA: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

How do you know if your lawyer is selling you out?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

How do you take action against advocate?

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language.

Can a petitioner fight his own case?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.

Jacqueline R. Kriebel

Have you mediated yet? I would first schedule with the ADR center for a free mediation. Simultaneously set case for final trial on the merits. I would also request interim attorney's fees citing these issues as a reason for the increase in expenses. I have a pretty good guess who this attorney is who keeps resetting the cases.

William Tyler Moore Jr

Tell your lawyer, if you have one, that you no longer want to agree to passing the case. Make the other side file a motion for continuance next time they want to move the date back. So long as you "agree" and continually oblige them when they make a request, you'll never get to trial. One reset is common courtesy. That's enough.

Bobby Dale Barina

I agree with the previous answer. Do not agree to a continuance and opposing counsel will have to file a Motion for Continuance and show the court the reason for the delay. Once the Court realizes how long the case has been pending (filed and on the court docket) the court will set it for a date to conclude the divorce.

Daniel Seth Williams

To best answer your question, I would advise you no longer agree to continue hearings. When you agree to continue something, the Court counts it as a stipulation. However, if you oppose the other parties request for a continuance, then they will have to show the court good cause why it should be continued.

Why does my ex-husband delay divorce?

This could be because he or she feels powerless or anxious about the future – or it could be a way of causing you pain.

How to delay divorce?

A spouse who does not want to cooperate with a divorce proceeding has many options at their disposal to delay progress. Some of the more common ways to stall handling their participation in the process include: 1 Rescheduling at the last minute due to health issues 2 Avoiding service of process 3 Failure to respond to discovery requests 4 Failing to sign documents 5 Refusal to return emails, phone calls or text messages 6 Filing frivolous motions 7 Changing lawyers 8 Cancelling mediation sessions at the last minute

What happens if my spouse doesn't participate in divorce?

If your spouse fails to participate in the divorce process, you have options. You are not required to remain married to someone if it is your desire to be divorced. At some point, he or she will have run down the clock and respond .

Can a judge see what your spouse is doing?

If your spouse is simply trying to obstruct the process, the judge has the option to order that he or she pay additional attorney fees and court costs associated with the delays. A judge can compel participation in depositions or mediation conferences, and the judge can impose additional sanctions to ensure compliance with the court’s orders.

What is stalling in divorce?

One of the more common strategies for stalling during divorce is withholding documents. Your spouse may fail to respond to requests from your attorney for financial information and other important details. They may request extensions, reschedule or simply fail to show up for meetings. In particularly difficult litigious divorces, ...

Why does my spouse stall during divorce?

Reasons for Stalling During Divorce. There are many reasons why your spouse might stall during divorce. For example, if you are the primary breadwinner for your family, your spouse may be reluctant to give up the quality of life that you provide, even if it’s clear the relationship is over. Perhaps your spouse is angry about the end ...

Why do couples use collaborative approach in divorce?

The collaborative approach allows both spouses to work with attorneys, communication specialists and financial neutrals to address any complex issues they are facing. Spouses have the ability to brainstorm unique solutions that a traditional divorce might not consider. Not only can this method help your divorce to move forward, but it can also save you money and reduce your stress.

Can a divorce lawyer impose sanctions on spouse?

In extreme cases, your attorney can also ask the court to impose sanctions on your spouse. This can result in legal or financial penalties for not complying with court orders or other rules during the divorce proceedings. You may be eligible to receive reimbursement for the added legal fees you incur as a result of their excessive stalling. Sometimes, the thought of appearing before a judge may be enough to spur your spouse into action.

Can you move your divorce forward?

What You Can Do About It. Fortunately, you don’t have to stand idly by while your spouse stalls during divorce proceedings. The most important thing is to keep moving forward. There is even a process to move your divorce forward if your spouse fails to respond to your initial filing after a certain amount of time.

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.

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.

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.

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.

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 do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

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 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.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

What does it mean when a narcissist stalls?

Stalling or failing to provide documentation. Narcissists can’t stand anyone “knowing their business.” They will stall or withhold documentation, dragging out discovery as long as possible – and often angering a judge in the process.

What are the common mistakes narcissists make during divorce?

Narcissists, by definition, are inherently unreasonable and manipulative. They also think they’re above the law, which leads them to take risks that can backfire. Here’s a list of common mistakes narcissists make during divorce. Hiding assets. Narcissists don’t care what’s fair.

How do narcissists intimidate you?

Narcissists are bullies. They try to intimidate you by threatening to take you to court, get full child custody, or bleed you dry. They’re fond of terrorizing you via email and text because these methods give them 24/7 access to your frazzled nervous system. Make sure to save their threatening emails for evidence.

What makes a narcissist intimidating?

But here’s something you need to know: the qualities that make narcissists so intimidating – grandiosity, rule-breaking, bullying – are often the same traits that are the source of the narcissist’s undoing in divorce. Narcissists are prone to making mistakes through their high conflict ways, and you can use these mistakes to your advantage Here’s ...

What to do if your spouse is hiding assets?

Hire a forensic accountant. If your spouse has turned hiding assets into a hobby, consider hiring a forensic accountant who’s trained to uncover financial fraud.

How to counter unreasonable behavior?

Instead, counter their unreasonable behavior with your own steady, measured behavior. Don’t return hostility with hostility. Focus on communicating facts. Don’t accuse him or her of having a personality disorder; instead document actions that will provide evidence of your spouse’s unreasonable and unethical behavior.

Can you garnish your spouse's wages?

Garnish wages. Is your spouse a child support dodger? File a motion with the court to garnish his wages. This means child support will be automatically deducted from your spouse’s paycheck so you don’t have to chase after it .