I’m in the middle of a divorce in California, and I recently found out that my paralegal has done marketing work for the opposing counsel’s firm, like a Facebook ad. My divorce was sent to the court but hasn’t been finalized yet because a form is missing. I’d like to dismiss the current divorce and file for alimony since I’ll be losing $600 a month and my ex makes more than me. Can I get the divorce dismissed based on the paralegal’s connection to the opposing counsel?
In California, having your paralegal work for opposing counsel in any capacity could raise concerns about the integrity of the representation, but it’s unlikely to be enough to have the divorce dismissed. You might have grounds to file a complaint against the paralegal or their firm, but that wouldn’t typically affect the divorce itself.
@Nico
That makes sense. I’m also considering dismissing the case so I can request alimony in a new filing. Is that a better route?
Kendall said:
@Nico
That makes sense. I’m also considering dismissing the case so I can request alimony in a new filing. Is that a better route?
If you feel that your current divorce case isn’t addressing everything you need, like alimony, dismissing it and refiling could be an option. But keep in mind it could prolong the process. Make sure to file all the correct forms this time to avoid further delays.
You might be able to file a motion for discovery to subpoena communications between your paralegal and opposing counsel if you suspect collusion. Discovery could allow you to access emails or other communications that may be relevant. However, you’d need to show good cause for why the court should grant your request.
@Alex
I’m wondering if there was any improper conduct. Do I need solid evidence before filing a motion for discovery?
Kendall said:
@Alex
I’m wondering if there was any improper conduct. Do I need solid evidence before filing a motion for discovery?
It helps if you have something to back up your suspicions, but even without solid proof, you can still file a motion for discovery. You just need to demonstrate that the communications are relevant to your concerns and could impact your case. If the court finds good cause, they’ll grant the motion.
Filing for discovery could be a good move if you believe something improper happened between your paralegal and opposing counsel. However, discovery can take time and may not guarantee you get the outcome you’re hoping for. It might be worth consulting with an attorney who can guide you through this process and help you file the motion properly.
@Darcy
Thanks for the advice. I’ll look into finding an attorney to help with the motion.
If you’re thinking about dismissing the divorce, just keep in mind that you’ll need to restart the whole process if you want to add alimony to the case. It might be easier to file a motion to modify the current case rather than dismiss and refile. But consult with a local attorney for more specific advice.
@Vega
I’ll talk to a lawyer and see if modifying is a better option for me. Thanks!