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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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  #1  
Old 10-17-2009, 02:03 PM
Hephzibah Hephzibah is offline
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Default Non-cooperation

History:

Ex pre-paid for his attorney. My ex refused to answer his lawyer's phone calls, voice mails, e-mails, certified mail or even answer his door when his lawyer tried to contact him to participate in the divorce. It took 8 months for his lawyer to finally "trick" him into talking to him.

The judge granted the divorce in August. By September, ex's lawyer finally contacted him. We're still trying to determine the separation agreement - with the added legal expense since the judge is doing "case management" to hinder the stalling.

Ex has gone back into hiding. Got mad at his lawyer for telling him he has to follow the Canadian guidelines for dividing property. It's been several days and he refuses to answer e-mails, telephone or voice mails. My lawyer says we'll still go to court on Monday even if ex's attorney can't get ex to participate or show up in court.

Two questions:

(a) What recourse, if any, does the court have to get ex to participate? Or do we even need him to participate?

(b) Since ex's antics have greatly increased my legal fees and I make 80% less working then my ex makes on his retirement; would the court have him pay the excess legal fees caused by his refusal to work with the system?

Thanks,
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Old 10-17-2009, 09:57 PM
Stargate Stargate is offline
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He'll need to be served. Do you know where he works?
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Old 10-18-2009, 11:11 AM
Hephzibah Hephzibah is offline
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Thank you, Stargate,

He's retired. He just refuses to answer the door when his lawyer knocks. I'm surprised his lawyer hasn't fired him as a client (presuming they can do that).
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Old 10-18-2009, 03:10 PM
Stargate Stargate is offline
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Serve his lawyer then and send registered mail to your ex's house. If he chooses to not appear in Court then that's his loss. State in your Affidavit that you have made numerous attempts to contact him (including his lawyer) and that he has not responded to any of them.
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Old 10-18-2009, 03:25 PM
Hephzibah Hephzibah is offline
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His lawyer shows up at court - tells the judge his client refuses to cooperate.

The lawyer had 8 registered letters that ex refused to accept from the post office.
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Old 10-18-2009, 04:00 PM
Stargate Stargate is offline
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If he refuses to cooperate that's his loss. The Judge should be able to render a verdict without him.
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