WAW/Affair Exposed - Advice? #3

[DCBHM]

I'm glad you're calling the shots hard and fast.

It's sad to see another family be torn asunder, but you will look back and be so glad that you didn't piss away all the power by waiting for WAW to come to her senses.

I've sent two text messages to W:

Last night:

If you can handle the stress I would appreciate discussing the marriage at some point. Give our daughter a goodnight kiss for me.

This morning:

Would you be willing to have a conversation about the kids/marriage? I do not wish to discuss legal matters.

I'm not going to bother further. She acts as if she doesn't feel guilty but she can't be bothered to respond to anything that asks for a difficult conversation.



In terms of hard and fast shots, I sent the following grounds to oppose a motion for continuance should her attorney file one to my attorney since he has been waffling and wanting to allow her a continuance unopposed:

1. Plaintiff/Plaintiff's counsel has not cooperated in a timely fashion or in good faith in following the court's lawful order for a psychological evaluation.
2. Defendant/Defendant's counsel has provided the names of 4 qualified doctors to perform the evaluation. Plaintiff's counsel rejected them without explanation.
3. Plaintiff has made no attempt to schedule an appointment with a doctor to complete the psychological evaluation.
4. Defendant is being unduly burdened financially by Plaintiff's transparent delay tactics.
5. Plaintiff's counsel has conferred with Defendant's counsel as to her reason for a continuance being a personal vacation.
6. Plaintiff's counsel's conduct since the May 12 hearing is prejudicial to the administration of justice pursuant to rules 3.2 and 3.4(c) of the Rules of Professional Conduct.

I told him that delay for the sake of avoiding trial is NOT a legitimate interest of a client. If her attorney continues filing continuances without legitimate grounds I have absolutely no problem filing a complaint with the state Bar Association regarding her fitness to practice law.

I told him to inform her that it is not in his client's interests to protect her client from not following a lawful order of the court and to let me know if that would be a problem.


Something tells me she will miraculously not file for a continuance and the Judge will not be pleased that she hasn't made any attempt to follow his order. My attorney will probably be a little cold acting - but I'm the one paying him, not her.

Seems like I have to drag him the rest of the way since I have a winning case and he just wants to delay to milk me for funds at this point.

I hate feeling like I now have to fight my own attorney to get things finalized. The unspoken 'threat' to his own self-preservation is that he is required to report misconduct under rule 8.3 and it would look very bad on him to have his client file a report.

I am still capable of conducting the "war" properly even though I've recently had problems with emotional detachment. W does not understand how bad of a position she is in legally, and she really has nothing to lose by discussing things with me.