So after 17 months we were suppose to go to motion in a week. We exchanged a couple offers to settle in the last couple weeks. Got closer on custody and the sale of the home but neither were finalized. My offer is very reasonable and probably what the court would award anyway and hopefully stick her with costs.
Yesterday the sent a letter saying they are going to vacate the motion date because "they feel I am negotiating in good faith" - they are the moving party. Total bull since I've been negotiating in good faith for the last 17 months.
Really it is because they know they will not get what she wants in court and only via negotiated settlement. What this means is without a court date they have no incentive to negotiate fairly - it will just be more back and forth money being burned. So I need a firm motion date to ensure that they will negotiate meaningfully.
I spoke to my lawyer about setting up a motion date with us as the moving party. He said we have to get them to agree to the date - to which they don't respond. This makes no sense - so they don't respond to my counter offer to negotiate a settle and they don't respond to our requests for motion dates!!
So just trapped in limbo - he says if we go ahead and schedule a motion without their agreement they will just request an adjournment. He says we send one more formal communication requesting a response for motion dates otherwise we set up ourselves. Then if they adjourn we use the multiple requests for dates to show that we tried many times and request costs if they adjourn.
Really need some advice - otherwise I'm just stuck in this limbo! So would really appreciate some guidance folks.
Yesterday the sent a letter saying they are going to vacate the motion date because "they feel I am negotiating in good faith" - they are the moving party. Total bull since I've been negotiating in good faith for the last 17 months.
Really it is because they know they will not get what she wants in court and only via negotiated settlement. What this means is without a court date they have no incentive to negotiate fairly - it will just be more back and forth money being burned. So I need a firm motion date to ensure that they will negotiate meaningfully.
I spoke to my lawyer about setting up a motion date with us as the moving party. He said we have to get them to agree to the date - to which they don't respond. This makes no sense - so they don't respond to my counter offer to negotiate a settle and they don't respond to our requests for motion dates!!
So just trapped in limbo - he says if we go ahead and schedule a motion without their agreement they will just request an adjournment. He says we send one more formal communication requesting a response for motion dates otherwise we set up ourselves. Then if they adjourn we use the multiple requests for dates to show that we tried many times and request costs if they adjourn.
Really need some advice - otherwise I'm just stuck in this limbo! So would really appreciate some guidance folks.
Comment