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Can we force an asset settlement?

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mdf

Member
What is the name of your state? CT

writing for a friend: she filed for divorce from her mentally abusive husband and moved out of the house with the kids. He continues to harass her by delaying the process, foul language on the phone, threatening her and abusing process. She filed in May and can't get him to discuss asset split or custody. She has a lawyer who is not being aggressive to settle the matter and tends to not be informative as to alternatives to push things.

1. Can she file some kind of motion to force him to settle? He goes to mediation, negotiates for hours, then refuses to sign. He has stated he is doing this to drive up her legal fees ($14,000 to date and no agreements of any kind).
2. Same issue with the custody. She wants to avoid involving the children. He speaks foully to them about their mother and her family and intimidates them as well (they're 10 and 11). She's willing to allow joint custody, but he is threatening to sue for full (which isn't likely to happen). Can she file something to get custody settled?

Thanks in advance.
 


Ohiogal

Queen Bee
If he refuses to sign, she needs to move on and file for a GAL and go from there for custody. As for assets, let the court decide.
 

mdf

Member
Thank you, Ohiogal. But how does she get the court decide? What does she have to file to get the court to intervene so she can move to the decree?

She wants to avoid a GAL, but I don't think that's going to be possible with this guy. He's using the kids to intimidate her to give up any claim to the house and 401k.

p.s. he's unemployed 2 years, after being fired for working on disability and filing grievances against the company--despite being caught on videotape. He refused to accept he was wrong--serious control and anger issues.
 

LdiJ

Senior Member
If her current attorney isn't doing the job, then she needs to consider changing attorneys.
 

Bali Hai

Senior Member
Thank you, Ohiogal. But how does she get the court decide? What does she have to file to get the court to intervene so she can move to the decree?

She wants to avoid a GAL, but I don't think that's going to be possible with this guy. He's using the kids to intimidate her to give up any claim to the house and 401k.

p.s. he's unemployed 2 years, after being fired for working on disability and filing grievances against the company--despite being caught on videotape. He refused to accept he was wrong--serious control and anger issues.
How much alimony is she willing to pay him and for how long?
 

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