STBX's Lawyer "fired" her...

Jonger1150 · 2021-10-27T13:29:56+00:00

There should be a legal time-line on divorce procedures. 1 year and it's over regardless. My cousin is onto year 3. Mine was over within 9 months of separation.

Life only lasts so long.

WorshippingLasagna · 2021-10-27T07:29:24+00:00

Bro, it’s difficult to answer this question without knowing what jurisdiction applies to your case. Out of logic (but mind that the law is not always logical), what you got is a postponement of the trial/hearing, so the process should not start over again, but continue after a postponement.

However, rules governing court proceedings are very jurisdiction specific, so it would be important to know where this trial is taking place.

I am realistically not the right guy to give you definitive advice, since this does not seem to me the law I qualify in (mine is Italian law), but this sub is a big place and sure enough you’ll find someone experienced enough.

Another possibility is asking your lawyer directly (unless they will charge you just for answering the question - yeah as a lawyer I know we can be bitches sometimes).

pegleg_legal · 2021-10-27T09:55:59+00:00

I don't know what "striking her plea" means, but maybe that has something to do with her answer to your petition and if she didn't file the financials she wouldn't be allowed to defend. So she lied and her lawyer told her not to, but she insisted so he withdrew. Or he wanted out anyway and this was a great moment to get out.

The case won't be reset, I imagine it was set for trial one or two days and that will just be postponed. What normally happens is if she can find a lawyer who will represent her (there's always someone), if they're smart they will file their appearance just before the new trial dates and get the trial kicked - probably into January or February. If she doesn't get a new lawyer, she'll have to go pro se - which will be a nightmare for everyone but better from a legal standpoint. Or maybe she won't do anything and won't show up, that could be contempt if there is an order for the parties to personally appear but still might get the can kicked again.

This is what usually happens, the judge could just push the whole thing forward but that would bring the judge's greatest fear - getting appealed - to the forefront so he'd rather get it done slowly but surely with her participation in the process, to whatever extent.

She really doesn't want the marriage to end, does she?

Orlando1701 · 2021-10-27T14:22:31+00:00

My STBX’s quit because she wouldn’t listen to anything he told her.

jimsmythee · 2021-10-27T20:14:43+00:00

Here is the deal. And it sucks.

Basically what is going on is that your ex's lawyer doesn't think he's ever going to be paid, or he feels that her case is going so bad that he's just given up hope that this will ever be resolved. "There's bigger fish to fry." So he has decided to cut his losses and drop your STBXW as a client.

What does that mean? It means that now the judge will give your ex even more time to (usually 60 days) to find new counsel or go Pro Se. The "Withdraw the plea" means it would give your STBXW the opportunity to create a new response to your divorce petition.

If your STBXW still refuses to submit the financial documents that the judge has requested, the judge can do 1 of 3 things.

The judge can hold your exwife in contempt of court and jail her. (unlikely)
The judge can make another request with more time to produce the documents. (50% chance)
The judge can make their ruling w/o her documents and just go by the evidence provided. (50% chance)

In my divorce trial, my ex submitted incomplete & incorrect documents. She put down her income as $0 for the previous year. We submitted evidence in the form of her W2 showing that she was employed the previous year. The judge, in her ruling held it against my exwife and used that as a basis to deny her any alimony.

Title	STBX's Lawyer "fired" her...
Author	Ker_Splish
Upvotes	15
Comments	10
Date	October 27, 2021 5:29 AM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/qgpey6/stbxs_lawyer_fired_her/
Archive Link	https://theredarchive.com/r/Divorce_Men/stbxs-lawyer-fired-her.1081597 https://theredarchive.com/post/1081597

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