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divorce before custody settled?

  • Thread starter Thread starter scared in washington
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scared in washington

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Is it possible to get a divorce before the custody issues are settled?
If so what is the "legal term" ?

My ex is stalling divorce. I'm thinking if I was to obtain the divorce now, then he could pay for his stall tactics. Instead of running up my attorneys fee. He is acting as his own attorney, therefore its not costing him anything to drag this out.
Any suggestions would be greatly appreciated.

[email protected]
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by scared in washington:
Is it possible to get a divorce before the custody issues are settled?
If so what is the "legal term" ?

My ex is stalling divorce. I'm thinking if I was to obtain the divorce now, then he could pay for his stall tactics. Instead of running up my attorneys fee. He is acting as his own attorney, therefore its not costing him anything to drag this out.
Any suggestions would be greatly appreciated.

[email protected]
<HR></BLOCKQUOTE>

My response:

Yes.

When there are two issues involved; e.g., divorce and support issues, it's called "Bifurcation" of the trial. When there are three issues; e.g., the first two mentioned, and custody issues, it's called "Trifurcation" of issues.

And yes, a divorce can be dealt with real quickly, first, and leave the other issues for another day, by splitting up the issues as explained above.

IAAL



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LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by scared in washington:
My ex is stalling divorce. I'm thinking if I was to obtain the divorce now, then he could pay for his stall tactics. Instead of running up my attorneys fee. He is acting as his own attorney, therefore its not costing him anything to drag this out.
<HR></BLOCKQUOTE>

This is a very common tactic.. File for a divorce now, have him served. At this point he will have to either get an attorney or turn up on his own.. as chances are, without an attorney, he will not be able to delay and put back the court date.

 

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