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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 07-14-2015, 07:06 AM
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Hello,
Can anyone explain to me the process when seeing a DRO? This has been scheduled for our case, and I would like to hear about others experiences with this process. Will it take all day? Is it just an hour? How do I fill in the case conference briefs properly so that all the reasons I disagree with the changes will be addressed? Will we be back to court again for a case conference with a judge? I also would like to know when how or on what form can I request costs for the time that I have wasted so far to date with all the time that I have put in. Do I just claim my wage times the number of hours I have had to take from my job to attend, file serve? Or can I also request wages for my time researching and preparing documents?
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Old 07-16-2015, 08:11 AM
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Hi Busch
The DRO is at case conference in certain regions in order to speed up the court system supposedly. I personally think it slows it down. The DRO is only a lawyer who has been appointed usually with 20 plus years of experience in family law.
Depending on the complexity of your case it will take the morning if your time is 9:30. They usually only schedule 1 case in the morning and 1 in the afternoon at my court house.
The DRO will read your material prior to sitting down in a room with all parties. It is actually very informal. The DRO will give his/her opinion on how a judge would rule the case if it makes it to trial. You will have opportunity to add verbal detail to the DRO. He/she may ask some clarity question of each party.

Ask for disclosure orders here they can make them for you. Ask for Summary Judgment scheduling here if appropriate. Ask for settlement conference as next step not another case conference.

Settlement conference is where you see a judge and if you don't settle on consent there you will receive a date of trial and any orders needed to make sure all paperwork etc.. is complete before trial.

After case conference is when the doors open for parties to make additional motions.

You can ask for costs (in #12 and in #21 of the brief) here but I suspect it won't be addressed. Try to at least get something out of them like reserved to be addressed at trial. When you do ask for costs as a self-rep be reasonable. Yes your regular wage, your money paid out (process server or printing etc) Time for researching yes but go double here because this is where they will cut you down. I have been lucky to have had numerous cost awards and it depends on the judge. The average I find I usually get is 1/3 of whatever I ask for regardless of the numbers.

Fill out the brief well with exhibits. More or less everything how you plan to run your case even if going to trial. Remember to hold back a little on your strategy..ask for world so there is something to deal with at settlement conference. All parties must "feel" like they are making a good deal on a consent agreement.

Hope it helps a bit!

Reality
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Old 08-01-2015, 10:57 AM
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Hi All.
I have another question...we have DRO scheduled for Aug 12. The documentation needs to be filed and served 7 and 4 days before conference date. I am the original applicant, however Ex is the moving party on the motion to change. Is it he who should be serving me conference briefs 7 days before conference date? If so, based on our date should he be serving me on Aug 5 or do the weekend dates not count and he needs to serve me Aug 3? I am pretty sure I have all my paperwork in order but I don't want to serve it to him before he serves me incase I need to add more to what he suits to the courts. I also don't want to be late in filing either. Confusion at its finest here!! Stressing over fine details.
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Old 08-01-2015, 01:15 PM
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Moving parties serve first. Their position is declared in their documents that you need to respond to.

Count back to the business days for accuracy. Weekends don't count.

Good luck!
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Old 08-02-2015, 09:52 AM
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Thank you BF. So by your statement I should have my ex's conference briefs in hand tomorrow. Are there penalties for late documents? Or am I wasting time on that?
Since the ex started this motion to change he has stopped paying child support. Am I able to ask the DRO to make am order that child support, both owed and going forward be paid as per the original order? With school starting soon I could really use the extra 3 months of support owed. We were not originally registered with FRO, however when the MTV was started the ex requested our official copy of the final order. Neither one of us had received one, and with the official copy he courts sent it to FRO. Fro is now trying to collect without success as the ex is mad and believe that I sent it to FRO. Punishment of sorts I guess.
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Old 08-07-2015, 08:51 AM
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Motion to change started by Ex....hasn't really proven any change in circumstance, request for financial disclosure completely ignored, doesn't show up for first appearance, has now not filed Form 17A-Case Conference Briefs for DRO Conference for next Wednesday. What would be the easiest quickest way to have this all dismissed? I am tired of wasting time going to and from courts, missing time from work, stealing time from my kids to research and fill in forms for court...I just want it over. I'm sure the courts won't be happy wasting time either. Any suggestions?
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