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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 12-29-2011, 05:51 PM
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Default X Lawyer calling to tell me Late Response to Motion to Change

My X's lawyer just called me 1 day before the 30 days end to file her Response to Motion to Change and tells me that my X just retained her and there is no way she will be able to file the Response.

What are my options? Can I not go ahead with my Motion to Change? She had 30 days to find a lawyer and get a response in.

Advice please.
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Old 12-29-2011, 06:09 PM
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Just to clarify. My X's Lawyer called me. This lawyer has never been my lawyer. I am self-represented.
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Old 12-29-2011, 06:11 PM
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Your X cant retain your lawyer. If this lawyer represented you its a "Conflict of Interest".

You can have the motion adjourned.

Or do you mean a Notice of Change of Representation?
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Old 12-29-2011, 06:14 PM
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Clarify my question. My X wife's lawyer just called me one day before her response is due. I consider this unfair and I expect that my X needs to request an extension. What are my options? Can I go ahead with my motion due to her failure to provide me with a response within the 30days deadline?

Question is about Late response to my motion to change.
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Old 12-29-2011, 11:19 PM
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They can ask for an extension or ask the court to allow a late responce. chances are they will give it to them. You go to court as scheduled.
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Old 12-30-2011, 12:37 AM
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I understand that it is frustrating to deal with someone who is being passive aggressive (my ex in a nutshell) but you do not want to be perceived as being uncoorperative by a judge; so cooperate with your ex as much as possible; I coorperated for 2 years with my ex; first it was lets try mediation - 6 months later my ex backed out of the agreement; then she got a lawyer; stalled the process again by wasting time and money on her feelings about things rather than the issues that needed to be ironed out; finally I had enough and decided that going to court was my only option to move things forward; filed all the paperwork and then received a request for an extension which I granted because really this was going to happen whether she liked it or not; after the first and only court appearance my ex's lawyer calls me up to negotiate the terms of the agreement. Within a short period of time it was all done and signed off on; stay focused on the end result; thats what got me through alot of crap; I have become an expert at dealing with a passive agressive personality since a finalized agreement was only the beginning if you have kids together; good luck
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