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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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  #11 (permalink)  
Old 01-27-2006, 08:11 PM
Join Date: Oct 2005
Location: Alberta
Posts: 97
bearall is on a distinguished road

Jeez Godknows
It seems your experience post separation is heaping more abuse on an already traumatic experience. In my opinion Discovery and answering leading closed questions is more about bullying and demeaning tactics then it is about getting at the truth. This part of the litigation process is supposed to be about scoring credibility in an effort to get to the crux of the dispute and what really occured during the marriage, I personally think it falls short of its goal. If your answer supports your version the opposing lawyer doesn't want to hear this, they only want to hear answers that support their client and hurt your case. It is a very cruel way to get at the strength of the position of each fomer spouse.
  #12 (permalink)  
Old 01-27-2006, 08:33 PM
Senior Member
Join Date: Dec 2005
Posts: 238
god knows the truth will become famous soon enough

Yes, and for two solid days I was interrogated,all the while paying for a lawyer, who didn't say boo the entire time, to sit there like a bump on a log. An example: my ex's lawyer asked me a question about something ten years prior to even meeting my ex. I couldn't remember the details and my ex's lawyer shouted "do you have a brain disease?" Talk about harrassment!!!!! At lunchtime I asked my lawyer why she never stepped in, she replied"I'll mention something when we go back". The other Lawyer told the transcriptionist to delete it from the records.--If I wasn't so traumatized by EVERYTHING that had happened up 'til that point(I'm talking a few months of this nonsense in one way or another) I wouldn't have said a word to my lawyer( whom I fired shortly after), bought the transcripts and suited the jerk for harrassment, defamation, mental abuse,slander, libel ('cause it was in writing) and everything else--it wouldn't have been to get money it would have been to bring him off his high horse.
I know alot of people say they could write a book, but honestly, I could write a mini-series... no kidding. Just not quite sure whether it could be sectioned in Drama, fictional, real life or a category all it's own.
Thanks for having empathy;I sincerely do appreciate it.
  #13 (permalink)  
Old 01-27-2006, 09:16 PM
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Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about

God Knows,

OMG I can't believe his lawyer said that too you!! And your lawyer did nothing. But anything to get you rattled or unnerved, that's what the other side wants. Personally I found it both traumatizing and degrading. So your done discoveries and tried mediation so where are you now?

I suggest your book belongs in the Horror/Scary Story section of Chapters, right next to mine, Bearalls, Independentgal and Sasha1's
  #14 (permalink)  
Old 01-28-2006, 08:44 AM
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Join Date: Jan 2006
Posts: 241
independentgal is on a distinguished road

Oh my!!!

Your stories are confirming my suspicions on how it will go on Monday! His lawyer is as wacky as my ex is. This is his 4th lawyer. He has been "fired" my his attornies because he isn't worth the money. His longest lawyer confided in mine after he dropped my ex saying that my ex
called every day 2-3 times a day always irate and out of control. He said dealing with him wasn't worth the money-and that says a lot!

I want to bring a voice recorder in my pocket, is that allowed?

Everyone is telling me that he is pushing for discoveries before the litigation demands it as a way to humiliate me and make me uncomfortable. I personally think that he will blow a stack during questioning.

I am of the mindset now that I don't even care what he is doing in his life. His personal life, his past behavior is all beyond me to control. I just want him to agree to a reasonable settlement and be done with this.

He was a abusive, control freak in the marriage and it seems like he wants that to continue now as well with pushing for discoveries.
  #15 (permalink)  
Old 01-28-2006, 10:05 AM
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
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good question

I am not sure you can bring a voice recorder. It is part of the court process and the discovery examination is regulated by same.

I would check with your lawyer.

Normal hearings in a court room your not allowed to bring in tape recorders.
  #16 (permalink)  
Old 01-28-2006, 11:47 AM
Senior Member
Join Date: Dec 2005
Posts: 238
god knows the truth will become famous soon enough


I will reitterate that my ENTIRE scenario is not a norm so don't go by it; I've had other lawyers say that they've never seen anything so bizarre before, so RELAX, KNOW GOD IS WATCHING OVER YOU 'GREATER IS HE WHO IS IN ME THAN IS IN THE WORLD'--I mean that. Since I have some semblance of sanity, I know God has been with me, 'cause I know I'm not getting through this on my own accord. YOU'LL BE FINE!!!!!!!!!!!
  #17 (permalink)  
Old 01-28-2006, 12:22 PM
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Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about

Originally Posted by independentgal
I want to bring a voice recorder in my pocket, is that allowed?
No need to bring a recorder, everything that is said is already being recorded and your lawyer will receive a copy of the transcripts, which you can then get from him/her.

Good Luck on Monday!!!
  #18 (permalink)  
Old 01-28-2006, 12:37 PM
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Join Date: Dec 2005
Posts: 205
sasha1 is on a distinguished road


I'd go in there with the attitude of "give him enough rope, he'll hang himself"! Actually, in your place, I would HOPE that he freaks out, and the earlier in the session, the better.. let them see him for who he really is, right? Let his lawyer see what he's in for, should he take this before a judge instead of settling out of court. Hold your head high, your shoulders squared, and your jaw firm; appear confident even if you're not. And give yourself a little 'pep' talk before you go (that works well for me), to remind yourself of all the crap he's put you through, and that he's just about to show his true colors. If you feel yourself crumbling at any time, ask for a break, like Grace said, and go someplace you can have a few minutes alone to talk yourself through it, and re-prepare.
  #19 (permalink)  
Old 01-28-2006, 08:36 PM
PMS PMS is offline
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Join Date: Jan 2006
Location: Astorville, Ontario
Posts: 1
PMS is on a distinguished road

I'm going through the same, received my husbands counter offer 12 hours before our court appearance, just take your husband to trial, don't waste anymore money. My husband also assaulted me, he was charged and his pre-trial did not go well for him.
  #20 (permalink)  
Old 01-29-2006, 11:42 PM
Join Date: Nov 2005
Posts: 95
ladyluck is on a distinguished road

12 hours before court appearance?
Is it even legal to give such little notice?
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