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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 11-08-2016, 11:43 AM
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Originally Posted by Tatyana K View Post
Hi,

I have a question, I have a motion to take place in a month about addition of the parties to the case and financial disclosure (Family law). This is what the judge scheduled at case conference. I have already sent a letter to the other lawyer stating that I approve those motions as to the content and form to take place on certain date in December. I consulted with some alternative legal counsel and now i am thinking maybe they are something I don't want to do as I don't want this case to be developed into something big but maybe by doing this motion I only complicate it. Does anyone know the rules if I can cancel that or it is too late at this point? No papers on motion like affidavit and notice of motion has been filed so far.
Confused. You can't "cancel" a motion. As a party to the case you can withdraw from the motion but, you will have to pay the other party's costs (per the Rules) and the other party can still continue with the motion.

There is no way to "stop" a family law matter without either an order being issued or both parties settling the matter on consent.

So, if someone starts a court action it will go through the process like it or not. You can't simply "cancel" the motion/application/trial/conference. You can request for an adjournment.

Like it or not the motions will proceed even if you withdraw from them. You can't start something and then cancel it. The other party has full right to respond and continue forward.

That is why everyone should be mindful of what they bring to court. You can't get out of it easily. You either settle out or order out. There is no get out of jail free card.

It sounds like you are unrepresented. Is that correct? In other threads it sounds like you have a lawyer.

If you do not have a lawyer you should get one as soon as possible. You are not capable of representing yourself. (Just being honest.)

Good Luck!
Tayken
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  #22 (permalink)  
Old 11-08-2016, 02:03 PM
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Hi Tayken,

I know I can't represent myself. I had a lawyer for previous case. Now I have an agent, who is a lawyer but who lets me do some work, I can do drafts of affidavits or write regular responses to the other lawyer., so can save some money this way. She checks and corrects affidavits and only then submits to courts and speaks in court for me. I just don't want to disturbs her and incur into more costs. So, I ask some questions here.

I understand I can't stop the motion of the applicant, but as respondent I filed a cross motion which now I am unconfident if was right decision to do as I think it will result in nothing and only more costs. So, my question was about it. Thanks for your reply.
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Old 11-08-2016, 02:15 PM
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I understand I can't stop the motion of the applicant, but as respondent I filed a cross motion which now I am unconfident if was right decision to do as I think it will result in nothing and only more costs. So, my question was about it. Thanks for your reply.
You can withdraw the cross motion but, any costs incurred you will be responsible in paying for.
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Old 11-08-2016, 02:41 PM
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this is how I understood it, thanks
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Old 11-09-2016, 11:38 AM
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this is how I understood it, thanks
Don't motion / cross a motion unless you really intend to.
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