Legal Question in Family Law in California
Marriage when a civil suit is pending
I am involved in a civil suit based on breech of contract. The plaintiff is a former roommate who claims a verbal contract was made to provide support after we separated and went our own way. So far this person has failed to answer discovery, skipped the pre-trial conference, and has ignored a motion to compel. My fiance and I want to get married, but are wondering what effect this suit may have on our marriage. Also, why isn't my attorney seeking dismissal of this suit for lack of prosecution? I feel that he's dragging this out and it's costing me a fortune. I've paid close to $10k and the plaintiff has only paid the original filing fee.
1 Answer from Attorneys
Reply: Marriage when a civil suit is pending
You need to ask your attorney why he or she is not doing what you think needs to be done. If a judgment is taken against you, it can be executed against your interest in community property. Have you considdered either waiting to get married until the civil suit is concluded and you know the results or having a pre nuptial agreement that eliminates the accumulation of community property? Your attorney should counsel you on these issues, as well as the possibility of discharging the civil suit in bankruptcy.
For more information on family law related topics, please visit my web site at www.calattorney.com.
Good luck to you!
Brian Levy, Esq.
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