2 total
The court adjourned an improperly scheduled family law motion due to procedural non-compliance and ordered the applicant to pay costs thrown away.
The applicant sought to void a 2013 divorce order, declare a later separation date, or extend time for equalization.
The motion was adjourned due to the applicant's failure to provide sufficient evidence, non-payment of previously ordered costs, late delivery of inadmissible evidence, and improper scheduling as a short motion despite complex factual disputes.
The court emphasized that the issues required viva voce evidence and that counsel's procedural missteps had caused unnecessary expense.
The motion was adjourned to a case conference, and the applicant was ordered to pay $7,500 in costs thrown away for the current hearing.
Summary judgment granted declaring 2014 separation date; husband's equalization claims dismissed as statute-barred.
The applicant wife brought a summary judgment motion seeking a declaration that the parties separated on September 1, 2014, rather than March 23, 2020, as alleged by the respondent husband.
The court applied the test for summary judgment and the indicia of separation, finding overwhelming evidence supporting the wife's separation date, including the husband's own emails and independent witness testimony.
The husband failed to produce evidence supporting his claimed date.
The court granted the motion, declaring the separation date as September 1, 2014, and dismissed the husband's equalization claims as statute-barred.
