Passive Bullying

A tactic that some people resort to in a divorce situation is simply digging their heals in and refusing to cooperate. They figure that what’s theirs is theirs and the soon to be ex-spouse will just have to pry it out of their cold, dead hands before they will voluntarily relinquish any of their stuff. They refuse to respond to discovery requests or even comply with the orders of the court. All this while they take secret glee in seeing their almost-ex run up attorney bills. This is essentially passive bullying.

Sure, this approach works for a time. In fact, some attorneys engage in similar strategies but the best ones do not. They avoid it because they realize that such recalcitrance eventually invites the ire of the Judge who has broad authority to order compliance, order production of discover, and issue sanctions against the stubborn one (including and up to six months in jail). In order to get to that point where the judge is willing to sanction the obstinate one, motions must be filed and show cause orders pursued. In the short run, this does increase attorney fees but eventually even the most intractable party will relent.

If you are attempting a divorce on your own and the other party is practicing this passive bully approach, you may want to consider getting an attorney. In the long run, they can get better results and insulate you from the first hand frustration of the situation.

This entry was posted in Discovery, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law and tagged , , , , , , . Bookmark the permalink.

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