My ex, a licensed attorney, representing himself, is deliberately trying to exhaust me financially in a marital dissolution. Litigation has been going on for over 2 years. My attorney does not think a motion for attorney fees and costs would be effective at this juncture of the proceeding.
First strategy, don't go into this as Pro Per. If you attorney is doing nothing, then have a heart to heart talk. If discovery has been done, mediation and negotiations haven't been productive, then file a request for trial, schedule a mandatory settlement conference and then if that doesnt' work, set the matter for trial. BUT make sure your attorney has all of your "ducks" lined up and ready to go. Your attorney should be able to force resolution and completion once all discovery is done and your attorney has a solid understanding of the issues and how they will probably be resolved if it needs to go to a final trial.
You need to discuss with your counsel why it would be appropriate to file a request for attorney fees and costs at this time. I can only think that your husband is not making much money or your support order is sufficient to have largely distributed the cash flow so that he does not have a significantly greater ability to pay the fees than you do. You need to ask why the case has not been set for trial. Our courts around here are constantly moving the cases forward even though they are congested. If your attorney cannot give you an answer you understand as to the status of your case and what is next you should get a second opinion. It may be that you are experiencing this system that does not work very well. You should not assume that your husband has an advantage because he is an attorney. Frequently, the attorney party is at a distinct disadvantage, especially if they genuinely suffer from narcissistic personality disorder. Any litigant who is a narcissist is at a disadvantage because they assume that they know more than they do and they are unable to maintain any perspective. Talk to your lawyer.
