Can An Attorney On A Child Custody Case Drag Their Feet On A Withdrawal If The Client Owes Money

Cardinal of the most frequently asked questions I get during my Houston divorce consults are:

1. "How so much is my divorce going to monetary value?" and
2. "How long is my dissociate departure to take?"

It is understandable that anyone about to submit a divorce would like know the answers to these questions. We totally would like some foregone conclusion in our lives. Unluckily, in the Texas divorce process there is a great deal of uncertainty. In today's blog, we will discuss the bawdy trick of delaying the split up, reasons why it is sometimes used, and methods of combating this grimy divorce trick.

What are Some Reasons a Partner May Want to Detain the Divorce?

Several of the reasons I have observed for why spouses want to delay a divorce include:

1. To punish their ex
2. Having a scorched-earth brain
3. To receive a financial benefit

Punish Spouse

I let witnessed this happen on more than one juncture. I was archaeozoic in my career and working as an associate for other attorney. In that causa, our client was a music teacher and from what I recall, he made approximately $40,000 a year. His ex ran up the litigation costs and turned what should have been a $5,000 divorce into a $40,000 divorce. She did this away:

1. Conducting unnecessary requests for production, asking for bank answer for documents from 10 years ago
2. Depositions regarding bank accounts and else financial accounts
3. Motions to compel and other unneeded hearings

Her excuse was that she was trying to find out if her husband the music teacher was hiding assets in offshore depository financial institution accounts. I believe the real reason was she was trying to punish her husband. That case did postulate adultery. All the same, in the mental process of punishing her hubby, she also managed to penalize herself. They were in a large financial hole after the divorce.

Scorched Earth

This is one way I have seen plan of action and stalling measures used. Others have a "succeed at complete costs" or "scorched earth" mentality. Another attorney I know had a consult where a husband welcome to name out how to throw out of all the marital status property thus that the wife did not suffer anything. He would rather they some walk forth with nothing rather than her walk about gone with anything.

Unfortunately, someone with this kind of attitude can easily and deliberately drive finished the costs for the other spouse. This is sometimes cooked to try and financially squeeze the partner, or bust them down indeed they are too frustrated to continue the judicial proceeding.

Financially Beneficial

Another reason out why your ex may deficiency to delay the divorce is that they are receiving temporary spousal funding (maintenance). If they are not eligible for post-divorce spousal substantiate, then they give birth a unconditional interest in trying to extend the pendency of a divorce case for a long period of time.

Some Methods Accustomed Delay the Texas Divorce Process

The Texas divorce process seat be costly at the best of times. However, whatsoever vindictive divorcing spouses can superintend to double up, triple, or even quadruple their divorce litigation costs. Through their actions, they also intentionally inflict similar inflated costs along their later exes. This is done by:

1. Avoiding service
2. Changing lawyers frequently
3. Failing to respond to discovery
4. Not signing documents
5. Non returning phone calls, emails, or other forms of communication
6. Bringing needless motions
7. Generally dragging out the process

Avoiding Service

One of the most common delaying maneuver is aside avoiding service. The close step after filing for divorce is to bring your spouse low-level the power of the court. This is finished by helping them with a copy of the divorce paperwork. All the same, if your ex-husband avoids armed service, this bequeath delay the divorce process.

If your spouse avoids normal service, your divorce lawyer can ask the court for substituted religious service. This is an Holy Order from the court allowing service in an alternative manner such equally:

1. Publication in a newspaper
2. Notice a copy of the divorce paperwork on the door where your spouse is staying
3. Service anyone over the age of 16 at the residence where your spouse is staying

The most common forms of secondary servicing granted by courts are:

1. Service connected any person o'er 16 old age of age in the house or
2. Attaching the process to the front entrance of the confirmed residence of the spouse

If the mansion house is unknown, then it is demotic to serve the company by publishing. The downsides to substituted service are:

1. Generally, this method acting costs more than
2. Takes longer
3. If a judgment is reached by default, then your married person has the opportunity to ask for a new trial up to 2 years tardive. This could mean value to a greater extent legal fees and more delays.

Firing Your Lawyer Just Earlier Trial

This divorce trick can sometimes be used effectively to stay a split up by firing their Texas divorce lawyer a couple of weeks preceding to trial.

The fact that a better half is generally free to change lawyers mid-case does not necessarily mean it is good estimation to do sol. Yes, it may delay the trial. However, the tradeoff is:

1. The new attorney will be scrambling to get caught up regarding the facts of case that English hawthorn have been passing on for a yr or more.
2. You are paying your new lawyer for the time they are spending to con facts that your old lawyer testament already consume known.
3. Your new attorney leave probably call for a large servant
4. If you owe your old attorney any money, they may step in in your disjoint case to hoard that money. This can add extra costs to what is probably already an expensive disunite.

How does this work?

In general, a client has a right to be delineate by the attorney of their choosing. That means in most circumstances they can change attorneys mid-case.

Judges are not generally inclined to force clients to stop in contractual relationships against their volition. However, at times divorcing spouses can try and exercise their power to fire and hire new counselor to their advantage.

At its most simple level firing your lawyer is ground to ask for a continuation from the court ready to:

1. Find a new attorney
2. For your new lawyer to get up to speed on the case

Unless this trick has been utilised more than formerly. A court is often inclined to grant this motion for continuance.

How to Armed combat Your Partner's Delaying Tactics

Depending connected the event, there are different things that give the axe be done to combat delaying maneuver. Unfortunately, most of the time the redress is not contiguous. However, ultimately it is possible to labor a case along.

Not Complying with Find

Commonly in the disunite cases I have handled, everyone understand that they are entitled to comply with the find rules of a case. Unfortunately, there are times when this does not happen or the discovery could not have completed in a opportune personal manner.

Most of the time when there is an lawyer on the other side of the case, we can reach an concord on when they will become us the needed discovery. However, in that respect deliver been times when thither is a non-attorney Oregon a embarrassing attorney connected the other side of meat of the case.

When this happens, the remedy is to file a motion to compel discovery and set it for a hearing. If afterwards the hearing a judge finds that your ex is in violation of the discovery rules, a jurist can:

1. Interdict boost find away the violating party
2. Order the costs of discovery represent paid by the violator
3. Order that the violating party cannot raise defenses or claims
4. Strike all or parts of the violators pleadings
5. Retrieve the violator in contempt

Generally, a judge must start with something mild earlier working up to the harsher discovery remedies. However, if your ex continues to be nasty the penalties can become real harsh.

Not Signing an Agreed Order

If the agreement was reached in intermediation, then an added benefit of mediation is we can generate the motor inn to sign an order based on that agreement. The easiest way to move of course is if everyone complies with signing the order to begin with.

However, sometimes people change their minds, get rimed feet, or want to tweak the agreement. In these cases, we will arranged a hearing to establish up the mediated small town agreement. The justice will hand our office a reliable sum of money of time to draft and circulate an order based on that agreement.

If the opposite side continues to refuse to sign, we will come on on the day of entranceway (the date the underestimate gave us to come vertebral column if the lodg was not communicative by all parties). As hanker as the Inalterable Disjoint Rule operating theater separate order is drafted founded on the mediated agreement a judge will static communicative the Order even if your ex or the anti counsel refuses.

Ordering Supported a Court Hearing

The to a higher place method of getting an order signed applies to any order based on a hearing in front of a judge. The just difference is in that respect is not the added stone's throw of proving up the agreement first. That is because there is already been a hearing and the order is based connected the ruling by the try.

Asking for Extensions, Missing Depositions, surgery Missing Mediation Dates

A divorce suit can become very frustrating if your ex refuses to respond, does so slowly, operating theater does whatever they can to drag their feet. Examples include:

1. Requesting extensions
2. Cancelling depositions
3. Being too busy to agenda a mediation or missing mediation dates

The remedy when these types of tactics start up to happen is much like others we have already discussed—filing a motion and going to court. This buttocks be very frustrating for clients because the remedy seems like a retard in itself.

Unfortunately, in order to push the caseful bumptious information technology sometimes requires the avail of the court. If your X is dragging their feet regarding mediation or complying with depositions. A judge can order:

1. The costs of attorney's fees and any costs associated with cooperating regarding those things to be reimbursed
2. Dates when intermediation and depositions must be completed
3. Other sanctions if your ex fails to abide by with the judge's orders

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Different Articles you may be interested in:

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4. 11 Things You Mustiness Have intercourse About Lone-Star State Child Hold
5. How Can I Get My Spouse to Pay My Lawyer's Fees in a Texas Dissociate?
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Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers

The Law Office of Bryan Fagan, PLLC habitually handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Leaping, Texas Divorce Lawyers forthwith to protect your rights.

Our divorce lawyers in Spring Texas are skilled at listening to your goals during this trying process and developing a scheme to just those goals. Contact Practice of law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your reach information in our online form. The Law Place of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Chagrin, Kingwood, Tomball, The Woodlands, the Atomic number 100 1960 area, surgery surrounding areas, including Benjamin Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fortress Bend County and Thomas Wright Waller County.

Can An Attorney On A Child Custody Case Drag Their Feet On A Withdrawal If The Client Owes Money

Source: https://www.bryanfagan.com/family-law-blog/2017/march/the-dirty-trick-of-using-delaying-tactics-during/

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