Contempt of Court

[roadblocks]

What is the name of your state (only U.S. law)? Westchester, New York

My wife has gone through 3 attorney's during our divorce process of 14 months now. They have all had themselves removed due to a lack of cooperation on her part, not being honest with them and her issue that if she is not getting her way and doesn't get the results she wants, she is unbearable. So now, she has no attorney, she has exhausted all of her finances. The court has frozen all joint accounts where our money is. She has refused to show up to the last 4 court dates, which were court ordered with threats of being held in contempt of court. She tore up a summons delivered to her by a process servicer in his face, then claimed she never received it. How long will it take for her to be held accountable for her actions. I need this divorce to be finalized, she will not provide financials to the court, she will not agree to sell our house that she is living in.

Grounds have already been upheld. Through trial, she was found guilty of cruel and inhuman treatment. I have won temporary sole residential with exclusive decision making for our son.

 

[LdiJ]

What is the name of your state (only U.S. law)? Westchester, New York

My wife has gone through 3 attorney's during our divorce process of 14 months now. They have all had themselves removed due to a lack of cooperation on her part, not being honest with them and her issue that if she is not getting her way and doesn't get the results she wants, she is unbearable. So now, she has no attorney, she has exhausted all of her finances. The court has frozen all joint accounts where our money is. She has refused to show up to the last 4 court dates, which were court ordered with threats of being held in contempt of court. She tore up a summons delivered to her by a process servicer in his face, then claimed she never received it. How long will it take for her to be held accountable for her actions. I need this divorce to be finalized, she will not provide financials to the court, she will not agree to sell our house that she is living in.

Grounds have already been upheld. Through trial, she was found guilty of cruel and inhuman treatment. I have won temporary sole residential with exclusive decision making for our son.

Is your wife legitimately an unfit parent? I ask because it would be pretty normal for any parent to be uncooperative with finalizing a divorce that gives them absolutely no legal custody of their child. Joint legal custody (joint decision making) is very much the norm these days.

What is it that she wants, that she isn't getting? Identifying that is the first step in coming up with a solution. The two of you are either going to have to come to an agreement, or your attorney has to force the finalization without an agreement.

 

[roadblocks]

Our child falls under the autism spectrum, my wife is mentally unstable and is constantly messing with his head, he has anxiety, etc and she is unsupportive of the services he needs. She has been forbidden by the courts to contact him at the school, and after school care and has limited visitation.

What does she want? Me back, she has made that perfectly clear to all, including the court. Coming to an agreement is not an option. When we had joint custody and my child was living with her, I had daily visitation, 2 hours every night and every other weekend, holidays, etc. She blocked my visitation at least 2x a week, where the police were involved because she was interfearing with the court orders.

How does my attorney finalize the divorce without and agreement? How long does my wife get away with this behavior? Thank you.

 

[mistoffolees]

How does my attorney finalize the divorce without and agreement? How long does my wife get away with this behavior? Thank you.

If there is no agreement between the parties, then your attorney takes it before the judge and says "Your Honor, we've been unable to agree on these issues, so we have to ask you for a decision. Our proposal was xxxx and we request that you grant it". Then the other side will present their thoughts and the judge will make a decision.

Your wife can get away with it for quite a while. The system is set up to allow almost unlimited access. At some point, a particular judge may decide that enough is enough and put a stop to it, but there's no statutory requirement that it be ended quickly. 14 months is not all that long.

Your attorney will know the issues and the judge involved. Your best bet is to ask him/her if there's anything else you can do to bring it to a conclusion.

Meanwhile, she should be paying child support under the scenario you indicated.

 

[roadblocks]

In here lies the problem, there is no other side to present their thoughts, because all 3 of her attorney's have asked to be removed because of her lack of cooperation. She hasn't showed up for the last 4 court dates. Therefore, the judge keeps pushing it to the next month. We have the same judge every time, this is in Supreme court, not family. So this same judge is allowing this.

Every time I ask my attorney what to do next, it costs me another $400 for to file a paper. I have spent over $120,000 so far and I am now dry in the pocket. Thank you.

 

[mistoffolees]

In here lies the problem, there is no other side to present their thoughts, because all 3 of her attorney's have asked to be removed because of her lack of cooperation. She hasn't showed up for the last 4 court dates. Therefore, the judge keeps pushing it to the next month. We have the same judge every time, this is in Supreme court, not family. So this same judge is allowing this.

Every time I ask my attorney what to do next, it costs me another $400 for to file a paper. I have spent over $120,000 so far and I am now dry in the pocket. Thank you.

If she has failed to show up 4 times, your attorney should be able to get the judge to award the divorce. Ask him what it will take.