QUESTION
What can I do if my wife is the plaintiff in a divorce filing with the court and she has not followed through with any agreement or the process?
Asked on Dec 05th, 2012 on Divorce - Michigan
More details to this question:
My wife is the plaintiff in a divorce filing with the court. She has not followed through with any agreement or the process. We both have lawyers that are not responding. What can I do to speed things up? Also, can I file a new case as the plaintiff?
9 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can hire a new attorney to properly move the case along and represent your best interest.
Answered on Apr 11th, 2013 at 1:00 PM
You can and probably should file a Counter Petition. Ask your attorney to set the case for Trial.
Answered on Dec 06th, 2012 at 11:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You cannot file another case but you can ask your attorney for an explanation as to what the delay. If your attorneys to not satisfy you then what you should do is hire new ones.
Answered on Dec 06th, 2012 at 2:57 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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It does not matter who filed first. If you have been served, you will need to file a response within 20 days. If you have not filed a response, then she can proceed to default. Your lawyer should be able to outline the process of how a divorce resolves, either by default; consent decree; or trial. It does often take a long time but if the parties (you and your wife) cannot agree on substantive issues, then your attorney should request a trial date or some other court-ordered intervention such as mediation; an ADR settlement conference; or parenting conference in order to resolve the issues.
Answered on Dec 05th, 2012 at 11:33 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Fire your attorney.
Answered on Dec 05th, 2012 at 11:26 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You are entitled to file a counter-petition in the existing case. You need to discuss the pursuit of the case with your lawyer. If you receive no response, you are entitled to dismiss your lawyer and hire another one.
Answered on Dec 05th, 2012 at 2:55 PM
I would suggest you retain another lawyer to take over and move your case forward.
Answered on Dec 05th, 2012 at 2:55 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Communicate with your attorney. If he/she is not responding to your telephone calls, write a letter and keep a copy. In order to proceed without an attorney, you would have to sign a substitution of attorney form. I do not know where you are in the proceedings, but (if one is not already scheduled) you can request for your attorney to set the case for a case resolution conference or settlement conference.
Answered on Dec 05th, 2012 at 2:54 PM
Dennis P. Mikko
If there is a divorce case pending, you will not be able to file another case until the first is concluded. If neither attorney is doing anything, you could hire a different attorney. That may be the most practical way to speed this along.
Answered on Dec 05th, 2012 at 2:54 PM