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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 03-04-2020, 11:57 PM
Helpmyspouse Helpmyspouse is offline
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Default Summary judgement

So settlement offers are going nowhere. Ex lacks the mental capacity to self-rep even pgt was removed. I don't care he passed a two hour assessment. He remains unmedicated, no insight and still suffers from psychosis. The good news he fired his crooked lawyer. Bad news he has been without a lawyer and wants to self rep. My lawyer has made no progress with him at all with regards to a settlement. So he doesn't want to settle and doesn't want trial. He is unresponsive and just ignoring the situation for 6 months now. I can't take anymore of this. My lawyer has booked a motion for summary judgement in the hopes the judge can rule on a few issues reducing trial time. I'm on the trial listings for may. I was on list for November and wasn't called. Does anyone know if judge will make decision on the spot?
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Old 03-05-2020, 11:42 AM
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Janus Janus is offline
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Quote:
Originally Posted by Helpmyspouse View Post
My lawyer has booked a motion for summary judgement in the hopes the judge can rule on a few issues reducing trial time.
You forgot your usual line where you tell us how many years you have been at this

If there are children involved, I would say that likelihood of getting summary judgement is much lower.

The best chance for summary judgement would be:
1) On equalization
2) No chance of spousal support
3) No children, so no child support or custody issues

Note that if you try for summary judgement, and the judge says "well, you're probably right but I'm not going to make a summary judgement" then you have technically lost the motion and are liable for costs.
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Old 03-05-2020, 08:30 PM
Helpmyspouse Helpmyspouse is offline
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I was going to start my post with how long I've been at it but when I see it in print like that it makes me feel deflated.

There are children involved but the issues are equalization and post-separation costs. Child support and spousal are complicated in my case so wasn't going to go there. But thanks for reminding me I could be spending money for nothing.

Anyway, new turn of events. Newly minted lawyer on other side wants to settle. I'm not hopeful it will go anywhere but lawyer says it's cheaper to try to settle with new lawyer than spend money on summary. Crossing my fingers and toes.
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