Question on moving forward with court


#1

Hi - so my husband did the initial filing.

We went to court in July and he was awarded PSS. I have paid the 6 months I was told to pay.
Since then, we have heard nothing out of him or his attorney. My lawyer send a letter on the 21st, stating I had paid my 6mo order, plus the fact that HE is now living w/pregnant gf and I had basically overpaid. Also stated since he had taken his belongings from the house in April and there were essentially no martial assets, asked that we both dismiss all claims without prejudice and bring case to a close.

We have not heard anything, yet my attorney is saying we need to get ED paper work in place and prepare for court. WHY?? He has NOTHING…if HE does not initiate anything from his side since July, do we have to???

I can file for divorce on the 11th of this month…

Thanks for your time.


#2

You still need to proceed, per your attorney’s advice to complete ED- even if there is a trial where you are the only one present and the court awards you all the remaining property (sounds like it would just be the remaining personal property in the house). The case will either have to resolved via hearing, or dismissed by both parties, or the court. It cannot remain unfinished.


#3

Thanks!!!

I guess my question was more of…can we wait it out a little while longer to see if they dismiss.

I feel like the reason we have not heard back from his attny is b/c she cannot reach him. Is it normal for this to be ignored, or attny to attny wouldn’t she say " I have not heard from my client?"

idk…thanks again, oh and this is Meck Co.


#4

Yes, you can wait to see if they will agree to dismiss. It is not uncommon to have a lag in response from an attorney (unfortunately) especially when folks are catching up after the holidays.