QUESTION
NY Divorce: husbands attorney does not respond
Asked on Jan 18th, 2014 on Divorce - New York
More details to this question:
My husbands attorney has consistently refused to respond with documents required in our divorce. I was pro se for a year and kept complaining to the court about this and now that I have a lawyer, he can't get responses from her either. We have a trial date of Jan 30 (less than two wks) and she told the court she would provide us with a settlement offer on Jan 14th but today is th 17th and my lawyer hasn't been able to get response from her at all. I cannot afford to go to NY for a trial and SHE is causing my husband and I massive amounts of bills as my lawyer has no choice but to prepare for a trial which we have been earnestly trying to avoid. It is my very firm belief that she is trying to drag us to court just to make money. I have medical issues that make it hard for me to travel (I'm in Fl the trial would be in NY) and I am bordering destitution yet she is forcing a court proceeding. My husband can't afford it either. What can I (or we) do?
2 ANSWERS
If one party is unnecessarily prolonging the litigation that party can be forced to pay the legal costs of both sides. But if your husband wants a trial there is little you can do to prevent one.
Answered on Feb 16th, 2014 at 3:44 PM
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Your husband always has the option of firing his lawyer and finding a new one. If he agrees on your terms, your lawyer could draft a settlement and he could find a new lawyer to review it. Otherwise, it sounds like your lawyer needs to pursue ways of penalizing him/his lawyer with the court. Good luck!
Answered on Jan 18th, 2014 at 8:36 PM