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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-09-2012, 02:27 PM
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Default case conf and settlement conf done

So I have had my case conf and settlement conf. nothing has really come from it. Whats the next step? We have a date set for trial. We have sent 2 previous offers to ex's lawyer and no response either time. I'm honestly tired of trying to send offers, I dont really want to go to trial either. What do we do? What do i expect from a trial? Judge sided with me on pretty much everything at Settlement conf. in the areas of CS and SS. Any input would be great!
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Old 11-09-2012, 02:30 PM
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Next is TMC

What is a Trial Management Conference? | Mills & Mills
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Old 11-09-2012, 03:04 PM
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Quote:
Originally Posted by Demi View Post
So I have had my case conf and settlement conf. nothing has really come from it. Whats the next step? We have a date set for trial. We have sent 2 previous offers to ex's lawyer and no response either time. I'm honestly tired of trying to send offers, I dont really want to go to trial either. What do we do? What do i expect from a trial? Judge sided with me on pretty much everything at Settlement conf. in the areas of CS and SS. Any input would be great!
if the other party is non responsive, according to my limited knowledge the only way is to proceed with what you have in hand. the only way to avoid trial is settlement out of court, but if the other party is not responding then you cant really settle with them right.
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Old 11-09-2012, 07:23 PM
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So I have had my case conf and settlement conf............... We have sent 2 previous offers to ex's lawyer and no response either time. I'm honestly tired of trying to send offers,
Did the other party submit an Offer to Settle at SC or submit Offers to Settle previous to SC?

Did the Judge comment on the Offer to Settle you submitted with your SC brief?

Are you fairly confident that the final award might be closer to your offer(s) than the other party's, assuming they even sent an Offer to Settle? If so, there's not much you can do other than wait and see what transpires at the Trial Mgmt. Conference.
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Old 11-09-2012, 09:25 PM
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Quote:
Originally Posted by Demi View Post
So I have had my case conf and settlement conf. nothing has really come from it. Whats the next step? We have a date set for trial. We have sent 2 previous offers to ex's lawyer and no response either time. I'm honestly tired of trying to send offers, I dont really want to go to trial either. What do we do? What do i expect from a trial? Judge sided with me on pretty much everything at Settlement conf. in the areas of CS and SS. Any input would be great!
Less than 3% cases actually go to trial.

In my case, I got tired of the games and the delay tactics. After you have had a Case Conference let alone a Settlement Conference you have the option of filing a Motion. In my instance we were at a standstill he and I were in arrears for over three years in support payments and he didn't want to have them settled because he owed more.

I had a legitimate reason to file a Motion and did manage to get that part of my divorce settled.

Why didn't the Judge in the Settlement Conference make a Endorsement on some issue of your Separation? i.e. support payments? Were DivorceMate calculations not included at your SC?

Sending offers is only costing you more legal fees and your ex knows it and will probably continue to ignore them. It isn't worth it emotionally or financially.

Ask your lawyer for other options to finalize this and research as much as you can regarding procedures with family law. Knowledge is power make sure you know your rights.

Here are some links:

http://www.attorneygeneral.jus.gov.o...ily/guides/fc/

Courts of Justice Act - O. Reg. 114/99

Family Law - Ministry of the Attorney General

MySupportCalculator.ca


Good luck at finalizing this part of your divorce.

Last edited by Looking4Answers; 11-09-2012 at 09:30 PM.
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