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Discussion in 'Divorce, Separation, Annulment' started by soconfused, Apr 14, 2011.

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  1. soconfused

    soconfused Law Topic Starter New Member

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    Hi. This isn't actually for me. It's for a very close friend of mine. I feel that he has an attorney that is just not doing right by him. His divorce has been going on for about 2 years. He wanted it to go smoothly so he tried to be nice at first. The house they lived in is owned by a family member of his and so he stayed there for awhile. There is also a young child involved so that was cause to stay as well. About 7 or 8 months ago he moved out, but only across the street into his mothers house. She was the one that actually sued him for divorce about a year ago and had him served. The emails have gone back and forth between the attorneys, but nothing is ever settled. Meanwhile he is paying all the bills for the house that she is still living in. Finally a few weeks ago I asked him what is going on. His lawyer had told him 3 weeks ago that they would be able to get mediation, but then that came and went. Now his lawyer sent out a letter basically saying that they have to answer their complaint with support of why they sued in a timely manner, and told him that they have 30 days in which to answer this complaint, and if they don't then his lawyer can file and RJI with the court and then they can get a court date. He said he cannot just file for a date, and he cannot sue her for divorce while waiting for them to answer the complaint. Is all this right?

    It seems strange to me that all this time has passed and this lawyer didn't do anything to move this forward - that three weeks went by with him saying that its going to be in mediation, and then that never happened. Is he just taking my friend for a ride and taking his money, or is this really how the process goes.

    If anyone could shed any light on this I would really appreciate it. I would like to be able to show him the responses so he can see for himself that either his lawyer is actually doing his job, or that he is just a bad lawyer.

    Thanks!!
     
  2. BayState

    BayState Moderator

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    Are you the GF of this man?
     
  3. army judge

    army judge Super Moderator

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    You're his honey, aren't you?

    How many other lies have you caught him telling?

    Add this to that list.

    He's stringing you along.

    He's not the first to do, and won't be the last.

    What can you do?

    Tell him, until he gets the divorce, don't contact you.

    You don't want to be sued as the other woman.

    He'll say, don't worry about that.

    He's right.

    That's when you say this, "I love you enough to wait. I respect myself even more. So, if you feel the same, you'll do as I suggested. But, if it takes you more than six months, we're done. Until I have proof you're divorced, please do as I ask."

    But, no matter what this weasel says, don't be swayed. Stick to your guns. Don't let this sweet talking devil bamboozle you any longer!!!
     
  4. soconfused

    soconfused Law Topic Starter New Member

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    I am the gf, but I wasn't at first, and I've witnessed whats gone on. I feel he's so fed up with the process instead of being on top of his lawyer he's given up. I've seen the lawyers emails and paperwork sent, so its not a matter of being lied to. I'm just trying to find out is this the process?
     
  5. army judge

    army judge Super Moderator

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    No.

    It's his way of continuing to bamboozle you.

    I don't know what you've seen.

    He's lying.

    Get out now, or you'll be getting replaced one day, too.
     
  6. BayState

    BayState Moderator

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    It is inappropriate for you, a legal stranger, to put your boyfriends personal LEGAL issues in the net. If he does not deem this to be important ...so be it.

    You have overstepped your boundaries as a girlfriend. SERIOUSLY.

    Mind your own LEGAL BUSINESS.
     
  7. soconfused

    soconfused Law Topic Starter New Member

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    Thats why there are no names, and no real details. I'm trying to get someone who actually has knowledge to help. He's seen the post and is aware of what I've put on here. Anyone with real legal advice. I'm not looking for emotional/relationship advice. I'm trying to find out if what his lawyer is doing is right.
     
  8. soconfused

    soconfused Law Topic Starter New Member

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    Seems that "BayState" is very well liked on this forum, has a whole group of followers commenting on how rude his/her comments are. And here I thought wow that was quite rude for me just asking for help. I guess some people have nothing better to do than to put others down.
     
  9. Proserpina

    Proserpina Moderator

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    The thing is, you're not party to his divorce matter.

    Therefore you don't know what his attorney may or may not be doing right or wrong.
     
  10. BayState

    BayState Moderator

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    Yup...I have many friends here. Most of them are Super Moderators.;)
     
  11. soconfused

    soconfused Law Topic Starter New Member

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    Well that is why I was asking what is the norm? Can an attorney sue for divorce if the original complaint hasn't been thrown out yet?
     
  12. army judge

    army judge Super Moderator

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    One legal action pending does not preclude you from bringing other legal actions.

    That is why your original premise is preposterous.

    You are being deceived.

    It seems odd and unusual to you because your inner sense is telling you that, but your heart is overriding your intelligence and intuition.
     
  13. BayState

    BayState Moderator

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    AJ...Is that your Texan way of saying "Stop being an idjet?"

    Yes???ROTFLMBO!!!!!!!!!!!
     
  14. army judge

    army judge Super Moderator

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    Hell, yeah.

    Us Texans talk kinda funny, don't we? ;)
     
  15. Proserpina

    Proserpina Moderator

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    Even funnier, to us Brits ;)
     
  16. andreaross

    andreaross Guest

    The dissolution of a marriage or relationship is not an easy thing for either parties, and to ensure that that the divorce procedure is fair and equable between the parties, it is important to ensure that it does not become a serious battle between two people.

    The two major areas that could cause a battle of disagreement between the two parties are the care and custody of any minor children, and decision of how to split the assets and effects that have accumulated during the period of the marriage. The decision to end a marriage are varied and personal, usually they are based on much personal suffering and sometime a lot of unhappiness.

    The waiting period for a dissolution of marriage is three months. This means the summons and petition must be filed with the court and served upon the other spouse for more than 90 days before the judge signs the decree. This is a minimum period and is intended to allow time for a reconciliation between parties. The process could take much longer if any aspect of a dissolution is contested and the parties have difficulty reaching an agreement.

    During the waiting period, temporary orders may be issued that provide a temporary parenting plan for minor children, provide protection or support money, or otherwise control the conduct of the parties. Property settlement may be negotiated during this period or may, in fact, be arranged before filing the petition for dissolution.
     
  17. Proserpina

    Proserpina Moderator

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    Thanks for writing.
     

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