Stephen Collins and estranged wife Faye Grant in 2005
J. Shearer/WireImage
11/12/2014 AT 05:30 PM EST
A judge granted a motion filed Wednesday by Grant's lawyer Larry Ginsberg to resign from the case – just hours before the trial was due to start in Los Angeles.
In a brief filed Nov. 6, Collins's lawyer presented a forensic accountant report containing a claim against Grant totaling more than $1 million. The trial has been delayed to allow Grant time to prepare her defense and find a new attorney.
According to court documents, Collins's attorney argued that "Faye had been aware for 2 ½ years that Stephen would take the position in trial that the surreptitious recording that Faye made during the parties' confidential therapy session in 2012 was unlawful and constituted a breach of her fiduciary duty to Stephen and the community.
"Faye has known for over 2 ½ years that in the event that the recording should find its way into the public arena, that would constitute a further breach of her fiduciary duty, and Stephen would seek to hold her accountable for the damages sustained as a result of her conduct in this regard."
Grant has denied that she leaked the tape.
The two spouses had been keeping a low profile after an audio file was leaked to the media featuring a man (allegedly Collins) confessing to inappropriate sexual conduct with underage girls.
The actor, 67, made the alleged confession during a 2012 therapy session that his wife secretly tape-recorded.
Collins has since filed court papers requesting that an order to pay his wife $13,000 in support be waived since he's "lost all earning power" in the wake of the scandal.
He's currently under investigation by authorities in New York and Los Angeles after a woman alleging to have been molested by Collins officially came forward.
• Reporting by LYNETTE RICE
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