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My wife is playing delay tactics, what can be done?

New Brunswick, NJ |
Filed under: Divorce

I filed for divorce in december.It was a short marriage of 18 months. My wife was supposed to file her Case Info Statement by 30th April but she hasnt filed yet, although I did so. She has not even responded to my interrogatories even though 45 days have passed since they were sent.
Obviously,she is trying to delay the things.She knows that she will not be getting much in terms of alimony,therefore she is trying to squeeze as much as possible through temporary support. Also since a non-profit organization is fighting the case for her( at little or no legal fees,I think) she has no intention to settle the case.
My Question is

FACTS: Marriage Duration :18 months Children :None My income 100K Her income : currently none but she is a doctor from india and is capable of earning much more when she gets licensed to practise in US I have no other assets other than 25K in my savings bank account I have spent 10K in her residency applications and exam fees,for which I am claiming Reimbursement alimony I am paying $200/week in temporary support, and she is living for free with her relatives

Attorney Answers 3


You again..... Namaste!

My friend, if your lawyer isn't filing a motion over discovery and to move it along, get a second opinion. He / she sends one letter -- "your CIS is overdue as are your discovery responses. Please consider this letter a good faith attempt to resolve the issues without involving the court. If I don't have your responses by May 30, I intend to immediately file the appropriate motion seeking counsel fees and dismissal of pleadings. Please don't make this necessary."

Good luck with it.

The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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I know it is frustrating. A litigant cannot be forced to settle. But you can file motions seeking to strike her Answer for failure to file a CIS and answer discovery. You have to follow the Court Rules on discovery motions. This will apply pressure, and force her to move the case along. But a litigant who understands the Rules, and wants to delay is hard to deal with. The court generally is going to try and avoid entering a Default, especially against a pro se. The best advice is to make sure you comply with all deadlines and keep the pressure on her to comply by bringing her delays to the attention of the court.

Robert Ricci, Jr., Esq.
Rahway, NJ

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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If you wife has not responded to discovery requests or file a CIS then a motion should be filed to enforce that. That motion should request attorney fees as a sanction for fail to do so. Unfortunately litigation can take a lot of time and can be very frustrating. If you are represented by an attorney then they should have filed a motion by now. If you are not represented by an attorney, get one. There is case law in New Jersey that suggests that someone who sponsors a spouse for immigration purposes may be liable for alimony. It also sounds like she is represented by Legal Aid which can be somewhat frustrating because she does not feel the sting of attorney fees, which makes settlement more difficult. Your case will move forward eventually, the Court will order a Early Settlement Panel (ESP). At the ESP a panel of two attorneys tries to bring the parties together and make a settlement. If not settlement can be reached you move onto Economic Arbitration. At Economic Arbitration you and your spouse must start paying for the services of an arbitrator. If no settlement can be reached, the Court will order a trial. Hang in there.

The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.

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