I have sacked my solicitor due to repeated high bills and poor advice. I am the petitioner divorcing my wife on UB, she has submitted an answer an cross petition. At the last hearing the judge listed it for trial and issued a court order stating witness statements, documentation etc had to be filed at the court and served on each party by the 26/09/07. I duly followed the court order and filed and served after sending her solicitor a letter on Monday all of a sudden they want to apply for an extension to the court order and if I dispute the extension costs to be awarded against me if they get it. Their grounds are they didn't get a legal funding cert until the 28/09/07, this hardly seems fair that they can sit on my statements etc and then just dream up what ever they wish to submit. Does anyone have any idea what my chances are of getting the court to refuse them an extension.
The short answer, I think, is that, at least in theory, I would expect that a Court would grant an extension of time if there was good cause for it, such as the unexpected illness of the person dealing with the matter, but should not grant it if the need for the extension arises through the solicitors' own sloppiness, but then again, I have known the Courts to take the view that the client should not suffer became the solicitors have been sloppy and grant an extension but make an award of costs, perhaps to be paid by the solicitors personally. Don't know enough to comment really. but I can't see why you should have to pay the costs of the extension, regardless of the outcome.
Look, it's absolutely none of my business, but what in tarnation is the point of having both of you petitioning for divorce against each other ? Isn't it clear that the marriage is dead in the water if that happens ? In general terms, it is most unlikely that conduct would affect the divorce settlement these days. Why doesn't one of you just let it go through and save yourselves a packet ?
I shouldn't comment in ignorance of the facts, but I'm sorry, I can't help it. Divorce is expensive enough these days, especially ancillary relief, without making things worse.
I think delays are common place in the family court. I had to wait 3 months for my ex to get her latest LA Cert. From what I have heard certs come in chunks and each one has to be justfied to the LA board. Keep calm. It all comes to he that waits. Chris
Thanks guys, it just seem so much trouble and heart ache for a six month marraige, but I know if I withdraw my petition and let the divorce go on her answer which is a pack of lies, her and her family would make my life going forward pure hell. Never even wanted and probably still don't want a divorce but got backed into a corner totally.
Actually, I have a comment about the 'conduct affecting settlement' issue. In my first divorce 1999 (my ex had run off with a woman he'd met via the Internet, 16 yrs marriage - gone!)
I'd said I didn't want a divorce, so he filed, he then cited 'Adultery', (of me!!!!) I just took it, because by then I'd had enough. They needed a 'name' (of supposed man) My gay friend said to just use his name, it didn't matter: Divorce - settlelement - move on - Freedome.
But in Hearing for FH: Judge asks reason, the cite my 'adultery' (in the most disgusting terms). Judge looks down at me disprovingly, and I think I think that changes the perception of everyone towards you.
I think it DOES matter! I wish I'd known then just how it affects you! (When it goes on record that you've committed adultery, something I'd never, ever do!)
I gues that is why I am hanging on in there, so that the truth will prevail. Done everything I could to save my marraige but had a mother in law from hell and a wife who wouldn't or couldn't stand up up to her. Now been acussed of hitting her and all sorts.