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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 09-27-2010, 03:08 PM
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Mominneed Mominneed is offline
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Default Motion to Strike Pleadings

Does anyone have any experience with a motion to strike pleadings? My almost x owes me costs from a previous motion which have been owing for over 4 months. My lawyer tells me that next step if he doesn't pay is a motion to stike his pleadings.

How likely is it for a judge to actual strike a pleading and then do I get "whatever I want" or will the judge rule another way?

Will bad behaviour be considered in consider a motion to strike? Lying, criminal charges, possibly deportation, unreasonableness, not paying support etc.?

Does this mean a "final" divorce, property settlement and almost final custody/access until a motion to change?

Can costs be ordered in a motion to strike for all legal fees as would be done at trial?

Any insight and/or advice would be much appreciated. I'm trying not to get excited but I'm hopeful I'm almost at the end of the road - it's been so difficult already!
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Old 09-27-2010, 08:12 PM
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Default

It's very likely the court would strike their Financial pleadings for failure to pay the previous cost order. Pleadings dealing with custody and or access would survive for final disposition.

Security of Costs for future litigation would't be unreasonable considering.
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