ExpertLaw.com Forums

Divorce Court Procedures and Motions

Printable View

  • 10-18-2018, 08:42 AM
    hans278
    Divorce Court Procedures and Motions
    My question involves a marriage in the state of: Georgia

    I am the plaintiff in a contested divorce. The following has been recently filed in my case:

    Filed by my attorney:
    Sept 7, 2018 - Motion to Compel Discovery
    Sept 7, 2018 - Motion to Enjoin Defendant from Disposing of Marital Property

    Filed by her attorney:
    Sept 27, 2018 - Notice of Intent for Withdrawal
    Oct 4, 2018 - Response to Motion to Enjoin
    Oct 8, 2018 - Motion for an Order Permitting Withdrawal of Counsel

    She has not been cooperative in the discovery, providing insufficient documents, evasive and incomplete answers to interrogatories, and also not cooperating with her attorney in not only communication but in coming in to review and sign documents under oath.

    That aside, what happens next? More than 30 days has passed for the Motion to Compel Discovery, and her side has not responded. It has been 10 days since her attorney requested the Judge enter an order permitting his withdrawal. Are there hearings involved in any of this, or does the Judge just answer? I just want to know what I'm waiting on.

    I've asked my attorney this, but it wasn't clear, and I don't want to be billed for any more of his time. He essentially is just waiting for her attorney to be off the case
  • 10-18-2018, 10:29 AM
    Taxing Matters
    Re: Court Procedures and Motions
    The judge will likely schedule a hearing on the motion to compel. No hearing is generally needed for the motion to withdraw that opposing counsel filed. The judge may approve the motion to enjoin without a hearing; that will depend on whether the judge thinks he/she needs to hear more on that. Your attorney is the best one to give you specifics on what is going to occur going forward.
  • 10-23-2018, 05:39 PM
    hans278
    Re: Court Procedures and Motions
    Quote:

    Quoting Taxing Matters
    View Post
    The judge will likely schedule a hearing on the motion to compel. No hearing is generally needed for the motion to withdraw that opposing counsel filed. The judge may approve the motion to enjoin without a hearing; that will depend on whether the judge thinks he/she needs to hear more on that. Your attorney is the best one to give you specifics on what is going to occur going forward.

    Thank you for your response.

    How long does it usually take for an order to be entered permitting withdrawal of counsel? So far, it has been 15 days since opposing counsel filed.
  • 10-24-2018, 10:40 AM
    pg1067
    Re: Divorce Court Procedures and Motions
    Quote:

    Quoting hans278
    View Post
    what happens next?

    Presumably, the court will determine the pending motions. The court may defer decision on your discovery motion to give your wife time to find a new attorney.

    Quote:

    Quoting hans278
    View Post
    Are there hearings involved in any of this, or does the Judge just answer?

    Some courts routinely schedule hearings on motions. Some only schedule hearings when they think it is needed. We have no way of knowing how the unknown judge handling your case does things.

    Quote:

    Quoting hans278
    View Post
    I've asked my attorney this, but it wasn't clear, and I don't want to be billed for any more of his time.

    First of all, when you ask your attorney something and his answer isn't clear, ask that he make it clear and keep asking until you understand. That's one of the biggest parts of an attorney's job. Second, if you don't want to pay your attorney to do his job, why do you have one?

    Quote:

    Quoting hans278
    View Post
    How long does it usually take for an order to be entered permitting withdrawal of counsel? So far, it has been 15 days since opposing counsel filed.

    Determining how long it "usually takes" for a judge to decide a particular type of motion obviously requires familiarity with that judge. Even if you had identified the judge (and you shouldn't) and the county where your case is pending, the chance that someone familiar with the judge will happen upon your post are virtually non-existent.

    This is why you have a lawyer.
All times are GMT -7. The time now is 01:56 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved