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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 02-08-2012, 12:43 PM
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Default How much leverage - settlement conference

How much leverage does the opinion and comments carry of the judge who presided over my settlement conference? Is my lawyer basing her opinion of what I should settle for on the settlement conference outcome? Is it likely that the trial lawyer will come back with the same general order as what the SC judge seemed to be leaning towards?
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Old 02-08-2012, 12:48 PM
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Judges don't differ all that much.

If judge A believes X is reasonable, judge B's numbers aren't going to be substantially different. Judge's don't want to get into pissing matches with each other and don't want to create an environment where inconsistant orders (especially on issues that are simply numbers, like c/s or ss or equalization) are the norm.
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Old 02-08-2012, 01:53 PM
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Judges have to apply the law to their decisions, otherwise everyone would just appeal and win and create a big mess.

If the legal precedent exists to the point where Judge A is indicating a likely outcome, Judge B is very likely to be pretty close to that as well. Might be some minor differences in interpretation, but the bottom line is the decision has to have a basis in law.

As with all things in family law, he (or she) with the best factual evidence wins.

Divorce/separation SHOULD be stupidly easy to do...99% of it has to do with numbers and figures. The kink in the works in when people get their emotions involved.
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Old 02-08-2012, 02:41 PM
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I'm no lawyer or judge but I knew this guy on on welfare once and I'm pretty sure that you should ignore any reasonable suggestions from your settlement conference and head straight to trial. While you're there, you'll get a chance to rant about how your husband gave you all the marital possessions and left you with your children 50% of the time. What a brute!

Head straight to trial...settlement conferences and offers to settle are meaningless. You have a voice that needs to be heard!

edit: I also think you should ask for the boat!
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Old 02-08-2012, 02:53 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
I'm no lawyer or judge but I knew this guy on on welfare once and I'm pretty sure that you should ignore any reasonable suggestions from your settlement conference and head straight to trial. While you're there, you'll get a chance to rant about how your husband gave you all the marital possessions and left you with your children 50% of the time. What a brute!

Head straight to trial...settlement conferences and offers to settle are meaningless. You have a voice that needs to be heard!

edit: I also think you should ask for the boat!
LMAO!!
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Old 02-08-2012, 03:17 PM
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Sorry, just broke my New Year's resolution to stop being so sarcastic but honestly.

If you read between the lines of her post, she's had a SC where she was offered something reasonable, told to accept by the judge and her free lawyer and probably warned about not accepting.

She's got a ex-husband who's giving her spousal support...despite her ability to earn a living by herself, table child support...despite the fact she only has the kids 50% of the time and most of the household assets...despite the fact she's only eligible for half. She's never satisfied. All the poor guy wants is to get rid of her.

Now she's in here asking whether or not there's a chance a trial judge might rule differently....meaning she still wants to go to trial despite everything that the seasoned posters in here have warned her about on the previous thread. In fact, when she was told here...she refused to listen to advice because we don't have the credentials she needs and she thinks she's going to get vengence.

A lawyer, a judge, bunch of posters keep saying the same thing to her. So why ask essentially the same question (from the unqualified to answer)over and over expecting a different answer?

Isn't that the definition of insanity?
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Old 02-08-2012, 03:25 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
I'm no lawyer or judge but I knew this guy on on welfare once and I'm pretty sure that you should ignore any reasonable suggestions from your settlement conference and head straight to trial. While you're there, you'll get a chance to rant about how your husband gave you all the marital possessions and left you with your children 50% of the time. What a brute!

Head straight to trial...settlement conferences and offers to settle are meaningless. You have a voice that needs to be heard!

edit: I also think you should ask for the boat!
bahahahhahahahha
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Old 02-08-2012, 04:21 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
Isn't that the definition of insanity?
I'll have to consult one of my friends on welfare before I can answer your question, be right back.......
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Old 02-08-2012, 09:15 PM
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Quote:
I'll have to consult one of my friends on welfare before I can answer your question, be right back.......
hahahahahahahahhahahahaha
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Old 02-08-2012, 09:25 PM
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Quote:
Originally Posted by CanaryMom View Post
How much leverage does the opinion and comments carry of the judge who presided over my settlement conference? Is my lawyer basing her opinion of what I should settle for on the settlement conference outcome? Is it likely that the trial lawyer will come back with the same general order as what the SC judge seemed to be leaning towards?
O... M... G...

Settlement conferences are only there to intimidate women who have been wronged by evil men. You may safely ignore anything and everything that was said and/or recommended. If they told you that you're being unreasonable it's a sign that you have them on the ropes. Go for broke. Give 'er.

Oh, and when you have your day in the sun at court, don't forget to bring up what a schmuck the conference judge was: That'll get you bonus points. He's probably bangin' transexual ho's too!

You GO, girl!

Cheers

Gary
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