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  1. #1
    Join Date
    Oct 2018
    Posts
    8

    Default 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

  2. #2
    Join Date
    Oct 2014
    Posts
    6,716

    Default 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.

  3. #3
    Join Date
    Oct 2018
    Posts
    8

    Default 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.

  4. #4
    Join Date
    Jul 2018
    Posts
    544

    Default Re: Divorce Court Procedures and Motions

    Quote Quoting hans278
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    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
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    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
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    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.

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