Delaying my final hearing

[Shayna]

What is the name of your state? GA

I am very upset right now and want some advice from the forum. My attorney just notified me that my STBX is trying to schedule a final hearing. I am trying to get major surgery scheduled but don't have a date setup yet. Meanwhile, I have given a close relative legal rights to be power of attorney for me to handle the divorce proceedings during my surgery and long expected recovery.

Meanwhile, what I really want to have happen is to not have the final hearing at all. Why should I make this easy for him? What else can I do to delay, other than to tell my attorney that he doesn't have my permission to allow this hearing to be scheduled -- I told him to delay it any way he can. However, what if it gets scheduled anyway -- how do I fight it?

 

[Ohiogal]

What is the name of your state? GA

I am very upset right now and want some advice from the forum. My attorney just notified me that my STBX is trying to schedule a final hearing. I am trying to get major surgery scheduled but don't have a date setup yet. Meanwhile, I have given a close relative legal rights to be power of attorney for me to handle the divorce proceedings during my surgery and long expected recovery.

Meanwhile, what I really want to have happen is to not have the final hearing at all. Why should I make this easy for him? What else can I do to delay, other than to tell my attorney that he doesn't have my permission to allow this hearing to be scheduled -- I told him to delay it any way he can. However, what if it gets scheduled anyway -- how do I fight it?

First of all you cannot delay your divorce forever. Your attorney can request a continuance however if your hearing is scheduled for your divorce.

 

[Shayna]

Great! How many continuances can we request? As far as I'm concerned, I am happy with this arrangement and would be fine with waiting a few years, at least until 2009. How would I go about pursuing that?

 

[LdiJ]

Great! How many continuances can we request? As far as I'm concerned, I am happy with this arrangement and would be fine with waiting a few years, at least until 2009. How would I go about pursuing that?

You are not going to be able to delay it that long.....and you shouldn't even want to try. Its certainly fair to get it continued if you are needing major surgery, but other than that, you are just being obstructive.

 

[Ohiogal]

Great! How many continuances can we request? As far as I'm concerned, I am happy with this arrangement and would be fine with waiting a few years, at least until 2009. How would I go about pursuing that?

You can request all the continuances you want but the court doesn't have to grant them. And you normally need the permission of the other counsel. If the other side objects you would probably not get one. Your delay tactics are not going to work. Look to be divorced within the next six months to a year tops. And if you continuously try to delay the proceedings you will have issues and will find yourself and your attorney being sanctioned (which means punished by the court).

 

[Bali Hai]

You can request all the continuances you want but the court doesn't have to grant them. And you normally need the permission of the other counsel. If the other side objects you would probably not get one. Your delay tactics are not going to work. Look to be divorced within the next six months to a year tops. And if you continuously try to delay the proceedings you will have issues and will find yourself and your attorney being sanctioned (which means punished by the court).

She's a woman and the judge is going to be even more accommodating if she's sick. Men are the one's who get whacked by the judge for being recalcitrant.

I suspect her scheduling of this surgery is also her contrived attempt to get sympathy from the court and a much better "deal" than she otherwise would have gotten.

 

[Shayna]

I also want to know what effect, if any, that not paying my attorney will have on delaying the proceedings. Since all of you are telling me that there is nothing I can do to stop things, I figure if I stop paying her fees and don't replenish my retainer, she won't have any choice but to stop the legal process, right? I mean, an attorney won't work for free, and I very well can't be forced to a final hearing if I don't have an attorney, correct?

Or, if I stop paying her fees, can the judge force my STBX to pay my attorney's fees? I asked for my attorney fees to be paid during my temporary support hearing a few months ago, but the judge made no decision about that so nothing was done.

Basically, I just can't deal with all his petty crisis stuff he is hatching, and I want to make this stop for a while. I've been making it stop for over seven months now, but I don't know what else I can do to stretch it out a while longer.

 

[CJane]

I also want to know what effect, if any, that not paying my attorney will have on delaying the proceedings.

Your attorney will likely withdraw.

I very well can't be forced to a final hearing if I don't have an attorney, correct?

Incorrect. You COULD ask for a continuance to seek counsel. It might even be granted - for about 3 weeks or maybe a couple of months - though that's HIGHLY doubtful. If, at the end of the continuance, you have not retained counsel, the hearing WILL go forward.

Don't think you're fooling the judge either. He/She WILL grow tired of your antics, WILL stop granting continuances, and WILL hold the final hearing whether you appear/object or not.

Or, if I stop paying her fees, can the judge force my STBX to pay my attorney's fees?

Very unlikely as YOU are the one obstructing the process.

I asked for my attorney fees to be paid during my temporary support hearing a few months ago, but the judge made no decision about that so nothing was done.

Don't start counting chickens.

Basically, I just can't deal with all his petty crisis stuff he is hatching, and I want to make this stop for a while. I've been making it stop for over seven months now, but I don't know what else I can do to stretch it out a while longer.

Very little. The easiest way to not have to deal with his 'petty stuff' is to finish with the divorce.

 

[Ohiogal]

I also want to know what effect, if any, that not paying my attorney will have on delaying the proceedings. Since all of you are telling me that there is nothing I can do to stop things, I figure if I stop paying her fees and don't replenish my retainer, she won't have any choice but to stop the legal process, right? I mean, an attorney won't work for free, and I very well can't be forced to a final hearing if I don't have an attorney, correct?

Or, if I stop paying her fees, can the judge force my STBX to pay my attorney's fees? I asked for my attorney fees to be paid during my temporary support hearing a few months ago, but the judge made no decision about that so nothing was done.

Basically, I just can't deal with all his petty crisis stuff he is hatching, and I want to make this stop for a while. I've been making it stop for over seven months now, but I don't know what else I can do to stretch it out a while longer.

You selfish little twit. No your attorney doesnt' have to work for free. She can withdraw. And then you can be forced to go pro se. Which means without an attorney. See, an attorney is NOT a requirement in the legal system for a divorce. And the judge will not force your STBX to pay your attorney fees just because you are throwing a hissy fit. You can't deal with his petty crisis stuff? Oh good grief. You are so full of it. Give up. Deal. Grow up. Quit acting like a spoiled 3 year old about to throw a tantrum.

 

[LdiJ]

I am wondering if she doesn't need to delay things in order to make sure that her surgery is covered by insurance? If that is the case, then maybe her desperation to delay things isn't quite so "selfish".

 

[Gracie3787]

I am wondering if she doesn't need to delay things in order to make sure that her surgery is covered by insurance? If that is the case, then maybe her desperation to delay things isn't quite so "selfish".

Good grief, have you read ALL of this OP's posts, or any at all?
First, re-read OP's first post in this thread, paying particular attention to what she says in the last paragraph. Please read ALL of OP's posts, and then try to say that she isn't being selfish.

 

[Ohiogal]

OKay OP either has a hermaphrodite who is an attorney or she is already changed attorneys or she is just FOS. Pick one.

 

[Bali Hai]

I am wondering if she doesn't need to delay things in order to make sure that her surgery is covered by insurance? If that is the case, then maybe her desperation to delay things isn't quite so "selfish".

Well that's you mom. Clearly in favor of the wife, and, quite frankly, I will never vote for you if you run for judge.

I am wondering if you think people are so stupid that they can't see you are clearly biased against men? That may just get you elected!!

 

[>Charlotte<]

OP either has a hermaphrodite who is an attorney or she is already changed attorneys or she is just FOS. Pick one.

Let's go with hermaphrodite, it's more fun.

 

[LdiJ]

Well that's you mom. Clearly in favor of the wife, and, quite frankly, I will never vote for you if you run for judge.

I am wondering if you think people are so stupid that they can't see you are clearly biased against men? That may just get you elected!!

What you don't get Bali, is that I don't care if its a man or a woman. If someone is in need of major surgery, and a divorce is about to happen that would cancel their existing health insurance, I don't believe that the divorce should be able to go forward until the person's health issue is resolved....or unless a Cobra is available and affordable.