Porsha Williams from The Real Housewives of Atlanta has not had an easy journey since she announced her divorce from Simon Guobadia. Their divorce has not been easy, and now it will become more difficult as it was revealed that Simon had been detained by Immigration and Customs Enforcement.
via: In Touch Weekly
Williams’ estranged husband Guobadia, filed an emergency motion in their ugly divorce pleading for an important hearing to be pushed due to him being detained by ICE, In Touch can exclusively report.
According to court documents obtained by In Touch, Simon’s legal team filed the motion on Tuesday, February 25, days after the businessman was taken into custody by immigration officials.
Simon, 60, has been trying to become a United States citizen for years. His latest attempt was shut down last month, according to reports.
Simon is currently at the Stewart Detention Center in Lumpkin, Georgia, two hours outside of Atlanta, his lawyer revealed.
In the motion, Simon’s lawyer pleaded for the scheduled hearing, where Simon was to fight the enforcement of the prenuptial agreement the exes signed, be postponed until he was released from ICE.
The motion asked for the hearing to be pushed “to a date after [Simon] is released from ICE custody to give [Simon] an opportunity to adequately prepare for Court, participate in his own divorce, and attend court proceedings.”
Simon’s lawyer argued, “The Motion to enforce the Prenuptial Agreement is a substantive motion that requires findings of fact by this Court. The outcome of the Motion will also have a substantial effect on how the remainder of the divorce case proceeds, as it may be dispositive of some of the issues and result in litigation on others.”
Porsha, 43, filed an objection to Simon’s emergency motion. She claimed he had delayed the hearing from being held for weeks before his detention.
Her lawyer argued, “[Simon] seeks relief from the very in-person hearing he demanded, claiming inconvenience and unavailability. Husband’s attempt to avoid the consequences of his own request is disingenuous and a continuation of his pattern of delay tactics throughout this litigation. But for [Simon’s] specific request for an in-person hearing, the matter would have proceeded via Zoom, thereby eliminating his current objections. Husband is solely responsible for the in-person setting of the hearing, and his Emergency Motion for Continuance is merely an attempt to evade his own strategic choice.”
Porsha argued Simon did not need to be at the hearing.
“Husband’s physical presence is not required for the adjudication of these issues. Husband has been continuously represented by legal counsel throughout this action, and his presence at the hearing is not a legal prerequisite under Georgia law,” her lawyer wrote.
The reality star slammed her ex. Her attorney wrote, “Further, Georgia law does not confer any absolute right for [Simon] to attend hearings, and even if such a right existed, it would be considered waived when [Simon’s] unavailability is due to his own deliberate actions, including, upon information and belief, his multiple attempts to illegally enter and remain the United States, which resulted in his most recent detention. Granting a continuance under these circumstances would unfairly reward [Simon] for the consequences of his own actions.”
Porsha claimed Simon has known about his immigration issues for some time.
Her lawyer noted, “Husband’s detention by U.S. Immigration and Customs Enforcement is the direct result of his attempt to illegally enter the United States. This detention is a foreseeable legal consequence of his actions and not an act of ‘divine intervention’ as claimed. Wife has vocalized her concerns about Husband’s questionable immigration status throughout this litigation, and Husband was fully aware of his longstanding immigration challenges, including multiple denials of his citizenship requests. Given this history, Husband should have foreseen the possibility of detention and is solely responsible for the consequences of his actions.”
The court docket does not show whether the judge ruled on the request to postpone the hearing.
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