Law Office of Janet Langjahr
Boynton Beach Divorce Lawyer serving
Fort Lauderdale Broward and West Palm Beach County
and, with our network, all of Florida
Attorney licensed in FL, NY, NJ

Boynton Beach, Florida divorce and child custody attorney Janet Langjahr helps you win back control of your lives in family and domestic violence court

Helping You Win Back Control of Your
Lives with a Secure Divorce SM

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FACTS SUPPORTING WIFEíS MEMORANDUM OF LAW IN OPPOSITION TO HUSBANDíS MOTION

  1. At nearly thirty-seven (37) years of age, HUSBAND is the father of two small, dependent children with WIFE.

  2. HUSBAND holds his first masterís degree in a discipline that he abandoned.

  3. In ______ of ____, just in time for these anticipated proceedings, HUSBAND managed to re-matriculate into a previously abandoned graduate program of study in a second discipline.

  4. HUSBAND is presently either completing the requirements for his second masterís degree or beginning to satisfy the requirements for a PhD in his discipline of the moment.

  5. Upon information and belief, HUSBAND attends only one three (3) credit class, which meets once per week, and assists only in one one-hour lab per week. Beyond that, upon information and belief, HUSBAND conducts research at his pleasure.

  6. Process was served on HUSBAND on ______________________.

  7. HUSBANDís response was due for filing with the Clerk on ________________.

  8. Near the end of the business day on Friday, ________________, HUSBAND telephoned undersigned counsel.

  9. HUSBAND requested thirty (30) days' additional time to respond to the Petition for Dissolution.

  10. HUSBAND promptly volunteered to undersigned counsel the reason HUSBAND needed additional time: his roommate had not given the Petition (and other served papers) to HUSBAND until the day of HUSBAND's call to undersigned counsel.

  11. That very compelling piece of information is nowhere set forth in HUSBANDís motion as support for HUSBANDís contention of excusable neglect.

  12. Undersigned counsel advised HUSBAND that WIFE could not grant the lengthy extension that HUSBAND had requested.

  13. Undersigned counsel, not unsympathetic to HUSBAND's story, did advise, however, that she would get back to HUSBAND about the possibility of affording HUSBAND a reasonable extension.

  14. WIFE's counsel would normally have consented to a reasonable extension requested timely and in good faith by either a party or his or her counsel. In fact, WIFE's counsel had so advised WIFE.

  15. Although under no duty to do so, undersigned counsel advised HUSBAND that, absent WIFEís consent to an extension, HUSBAND should file with the Clerk, prior to the approaching deadline, a simple motion for extension if HUSBAND wished to preserve HUSBAND's rights.

  16. HUSBAND requested that undersigned counsel get back to HUSBAND in writing via e-mail.

  17. Over the ensuing weekend, undersigned counsel was able to confer with her client.

  18. Upon information and belief, HUSBAND willfully plotted to deceive undersigned counsel for the purpose of getting around the rules of civil and family procedure and delaying the day of HUSBAND's reckoning in this Court.

  19. On Monday, ___________________, undersigned counsel transmitted to HUSBAND, via e-mail and regular mail, a letter, a copy of which is attached hereto.

  20. That letter recounted, and requested corroboration from HUSBAND's roommate, of HUSBANDís account of how his roommate had withheld the served papers from HUSBAND from ___________ until ____________.

  21. In that letter, undersigned counsel made it clear to HUSBAND that, absent the requested corroboration, WIFE would not consent to delay in the proceedings because it was detrimental to their children.

  22. HUSBAND failed to provide the requested corroboration.

  23. HUSBAND did not contact WIFE's counsel again.

  24. HUSBAND failed to heed undersigned counselís verbal warning to act timely.

  25. On ___________________________, WIFE, as expressly permitted by Florida Rule of Civil Procedure ________, moved for a Default against HUSBAND.

  26. On ______________________, the Clerk entered a Default against HUSBAND.

  27. Well thereafter, on the afternoon of Friday, __________________, undersigned counsel first learned that HUSBAND had firmly decided to engage counsel.

  28. At that time, opposing counsel initiated contact with undersigned counsel by leaving her a brief voice mail message referring to the motion for default, as though it were still pending.

  29. Undersigned counsel promptly returned opposing counselís call early in the next business day on Monday, _______________________.

The Law Office of Janet Langjahr PA
Divorce Law · Child Custody Law · Domestic Violence Law
3330 S. Federal Highway, Suite 208
1 Mile South of Woolbright Road at Bamboo Lane on the northbound side of US 1
Boynton Beach, FL 33435
Voice (561) 424-9001
Fax (561) 892-8442
info@fla-divorcelaw.com
www.FLA-DivorceLaw.com
Licensed in Florida, New Jersey and New York (since 1988)
Serving West Palm Beach County and Fort Lauderdale Broward County, Florida
and, with our network, all of Florida

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