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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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Old 12-30-2015, 05:46 AM
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Default Opposing Side Failed to File on Time

So as a self represent I have been told, what feels like a million times, that I am likely to be unprepared and fail to meet the standards of the court, I am certain I have proven them wrong.

I have to say, I have met the challenge with an exemplary record.

Unfortunately my ex's lawyer (Harvard educated one at that) has made numerous glaring errors in some of the most basic steps. I also happen to question a number of her strategic decisions.

Regardless, I have just filed my papers for our second settlement conference and the deadline for her papers to be served on me have come and gone.

It was admittedly a strange situation. Court is on the 5th. So they being applicants have 7 days to file (not including holidays and weekends) so that would be the 29th by my count.

I have four days to respond but because by court ruling of time then it means four working days. The 1st is a holiday and the second and third is a weekend so I had to file by the 29th also.

So as strange as it was preparing a response with no ability to read their briefs I did so. I served and filed the papers at court.

I waited until 2pm on the 29th and....nothing.

So my question is...what happens next. I know they can ask me for an extension. They can asked the judge to order one. But what is neither happens and they absolutely can't file less than two days prior regardless.

I guess my court date on the 5th is cancelled? It certainly won't be confirmed.
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Old 12-30-2015, 09:56 AM
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Have you gone to the courthouse and checkex your continuing record? Was in a similar situation,and,had thought there was no response but went to,the courthouse,and checked the continuing record and there it was! They had served us by post and the document arrived 4 days later, but had been posted by the deadline.
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Old 12-30-2015, 12:41 PM
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I had the same situation where I got nothing for a few case conferences from ex's lawyer, I still filed my briefs, sent in my confirmation and attended.

My ex and lawyer were there every time, once they had no brief and got scolded by the judge, another time they tried to file it over the bench and the judge accepted it but turned it face down on his desk.

It makes them look really bad and you look great so follow all the steps and show up at court. However it plays out, it will all get documented and the court/judge will make notes about who is prepared and who is dragging their butt.

I always gained ground at these conferences in getting more time with S2 or whatever else I was seeking when this happened.

Last edited by YoungDad23; 12-30-2015 at 12:42 PM. Reason: more info
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Old 01-05-2016, 07:24 AM
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Yep so Beach was right. They dropped in the post only a few days before Christmas. So I went to see the clerk and it was filed several days ago there. Of course I have received no copy. The clerk just shook her head. She stamped it served late.

What a underhanded ploy. I think the lawyer was thinking a self represent like me might just totally forget if not prompted with a filing. So she didn't even call or email me prior to filing her 14c either. On the 14c she claimed she had been in contact with me...I haven't heard from her in 5 months.

On top of that she emailed today as well...a day before our SC and asked if I would allow her to amend the pleadings, it seems they forgot to asked to strike down the prenup.

So I will say no. The judge informed her she could file a motion when she asked for this at the last conference.

What a joke.
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Old 01-05-2016, 11:00 AM
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Good thing you went to check! Good luck tomorrow!!
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