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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 11-18-2010, 08:06 PM
representingself representingself is offline
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Angry Self Represented vs. Self Represented

If both parties are self-representing in a family law case.... and one party refuses to file case conference briefs, or affidavits, offers, confirmations, etc. and ignores all coorespondence from the opposite party... is there anything that can be done?

The Respondent does NOTHING, with the exception of showing up for court dates, and behaving beligerantly....towards the Applicant, the Duty Counsel and the Judge.

Problem is, the matter is moving forward to a Motion very soon... In the Respondents original Answer, he made mention of "Hardship". The Applicant has twice requested a formal application for hardship be brought forward (completed SOL comparison, household income disclosure etc.), and nothing was ever provided.

I want to restrict him from being able to claim Hardship at the Motion, (after failing to follow proper procedure), thus delaying the proceedings even longer.

Any suggestions?
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Old 11-18-2010, 08:49 PM
logicalvelocity logicalvelocity is offline
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I think I would Serve and file required material in support of the motion of relief and would be seeking costs and maybe security of future costs. If the other side is content with not providing their view, or their side, so be it. Sucks to be them!
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Old 11-18-2010, 09:31 PM
representingself representingself is offline
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I tried asking for costs at the end of our last case conference ($100)... I thought it would act as a little smack on the hand...and possibly entice the Respondent to file something......anything!

Judge rejected my request, no explaination.

Basically, I am worried that I will once again go through all of the proper protocols, guidelines and rules to compile my Motion, and when we get in front of the Judge, the Respondent will make a verbal claim for undue hardship (based on my current husbands higher income level), and my Variance will get delayed, again!

I just want this crap to be over.
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Old 11-18-2010, 10:24 PM
logicalvelocity logicalvelocity is offline
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Address, the costs issue again at the motion. You won't receive any, if you don't ask.
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Old 11-19-2010, 10:43 AM
representingself representingself is offline
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I am self-represented, so costs really aren't an issue. The court wont take my request seriously, and award anything more than an mere pittance, (but I will make sure to ask, can't hurt...right?)

I am more concerned about the delay..

I keep thinking that one of these days, a Judge is going to put an end to this, but nothing changes...
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Old 11-19-2010, 12:10 PM
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Quote:
Originally Posted by representingself View Post
I want to restrict him from being able to claim Hardship at the Motion, (after failing to follow proper procedure), thus delaying the proceedings even longer.
You can't stop him making claims, but the court can deny them.

Sadly, you are going to have to grin and bear it. Keep on meeting deadlines and making submissions pursuant to the rules.

Yes, the consequences are minimal, even non-existent, for not following the rules, but you just have to keep on keeping on.

I think there is a way to strike his pleadings if he doesn't follow procedure but I'm not sure how that works.
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