What is the purpose if undertakings?

[ringettteplayer]

I did it I supplied all 40 requested undertakings

I tried to find out what the purpose of providing these are? After my questioning
But the legal assistant wasn't to forthcoming can anyone fill me in why stbx's lawyer requested so many and what purpose do they serve?

[ringettteplayer]

Are they evidence?

[arabian]

Has your stbx been forthcoming in providing you with same?

[ringettteplayer]

Hi Arabian and congrats on your victory I agree the truth will prevail you gave me great hope with that

As far as my x nope zilch nadda nothing

[arabian]

Thanks ringetteplayer but the victory is always a step away from finally ending everything. I expect litigation to continue for many more months. I was the one initiating the motion - first time since filing for divorce - and of course my ex countered. I look forward to being able to say it's over some day. One of us will probably have to die.

Very frustrating not to get documentation/disclosure. Hard to move on. I think when lawyer are involved and disclosure doesn't happen, that the lawyers themselves should be charged with obstruction of justice.

Knowing what I know now, I would have requested case management. I had no idea then (a mere 3 months after my divorce) that things would continue on this long.

Ringetteplayer - If you haven't done so already, see if you can get case management (where you see the same judge for everything).

[ringettteplayer]

Still nothing he missed his affidavidt deadline his lawyer says maybe this week he will have it


I have been put through hell on all of my stuff and still get questioned on everything he has done nothing!

why am I feeling like the wrong doer?

Anyone have this experience? I am now still scrambling and met all deadlines all I get is excuses from the opposing

I am the plaintiff btw not the respondant.

[arabian]

There is nothing you can do.

Your lawyer has to request case management. That way his lawyer becomes accountable directly to the judge.

As long as there is equity in your home (or other things) the lawyers will drag it out any way they can. They are amassing large legal bills with the certainty that they will be paid first. They are correct. Lawyers DO GET PAID FIRST. Reason being the judge is also a lawyer and they look after their own kind.

[caranna]

There is nothing you can do.

Your lawyer has to request case management. That way his lawyer becomes accountable directly to the judge.

As long as there is equity in your home (or other things) the lawyers will drag it out any way they can. They are amassing large legal bills with the certainty that they will be paid first. They are correct. Lawyers DO GET PAID FIRST. Reason being the judge is also a lawyer and they look after their own kind.

Sounds scary doesn't it ringetteplayer. I'm afraid Arabian is right and it's good to have these facts sooner rather than later.

There are exceptions however and I finally have found lawyer that is working in my best interests and is willing to listen to me, and help me find my way. I've been going through the same kind of hell as you are. After over l.5 years, STBX still hasn't provided the required BASIC financial information (bank statements), yet he wants to go to court and we will next month. Take heart, and keep posting.

[arabian]

Show your lawyer this forum if need be. Refuse any 4-way meetings. They are a total waste of time. Only agree to meet with your ex, his lawyer, your lawyer in front of a judge. Anything else is a waste of the court's time. Remind your lawyer that he is an officer of the court... his letters/threats have come to naught and you insist on accountability.

If your lawyer won't do this then dump him and self-represent.

Keep us posted.

[ringettteplayer]

Hi Ladies yes it is scarey! I'm Suppose to have a 4way in front of the judge in June I really can't wait!

Although I hesitate as to whether they can submit the affidavidt right there and it be all junk and then I've wasted money that I don't have and nothing will be resolved! That's what scares me!

my next question is why is there no affidavidt? Has anyone ever experienced that? Is stbx not writing one or his lawyer?
I presume this is all a stall it works to his benefit?

[arabian]

My ex's lawyer recently submitted affidavit (30 pages in length) 3 days before court appearance. Not a problem. Heck they could have submitted it 15 minutes before court and it wouldn't have made any difference to us. Ex's affidavits are usually all junk. You will probably get an affidavit the week before court. Failing that your ex's lawyer might request an adjournment (need more time). We have had that game played over and over for several years now. I kind of always expect an adjournment.

[Pursuinghappiness]

After over l.5 years, STBX still hasn't provided the required BASIC financial information (bank statements), yet he wants to go to court and we will next month.

Very common for one party to follow the discovery/disclosure process while the other doesn't.

I'm having the same issue. However, I have trial scheduled for the end of June regardless and it looks unlikely that my ex is going to take my settlement offers.

My advice...if you think your ex is hiding huge sums of money...you may want to take drastic action, like a forensic accountant.

However, in my case, I think my ex is just being difficult because he's stalling. He doesn't want to pay me what he owes me in equalization...he considers it HIS money. He may have a little extra money here or there that he hasn't disclosed but I really don't care. My settlement offers erred on the middle-high side on what he DID disclose.

The court has a couple of options when deciding cases. Now when they're dealing with a litigant who repeatedly fabricates, ignores the advice of SC judges and won't follow the discovery process as clearly outlined in the family law act (and by the way, he filed...he's the applicant)...while I've done exactly what was requested of me on time...including complying with all undertakings after questioning....how do you think they're going to lean?

The SC judge we had last month (and we'll have the same one again) spent an hour basically lecturing my ex on moving on with his life and settling. He warned him about the costs associated with trial and told him that on the outstanding issues we have he will not do any better and has a high potential at doing worse at trial.

My point is that eventually the lack of cooperation and response will probably catch up to him...so follow your part of the process and do your best to encourage compliance from him and when you don't get it...move along.

The court has ways to penalize him (ie. higher estimates for equilization, high range SS for longer periods of time) and he'll face those if he keeps it up.

I'm Suppose to have a 4way in front of the judge in June I really can't wait!

Don't expect too much out of this. 4-ways are generally only successful with normal litigants who are trying to settle. The judge will advise the non-cooperative litigant to be reasonable, however, good advice is often ignored by HC litigants.

[caranna]

Ringetteplayer, think long and hard about that 4-way (June 1 is a Saturday, didn't realize court was open then).

Long before I discovered this forum I realized that I would not agree to a 4-way because of my irrational and hostile stbx. My lawyer agrees that it would be a waste of time and money. We are having a case conference on the 3rd of June.

It's great to ask questions here, but also plan to see your lawyer face to face with a list of your concerns well before the court date. This is very important. You must be sure that you and your lawyer are on the same page.

I went through 2 lawyers before hiring my present one. He has 30 years experience and is also a CA. He understands my concerns, is empathetic, listens to me and helps guide me along. He is assertive but is polite and communicative with the opposition. He sometimes tells me things that can be hard to hear. I can also be comfortable in being very frank with him.

We've had some pretty good arguments. But we are still together and I wouldn't want another lawyer so we're stuck with each other.

No matter how much or how little experience your lawyer has, communication is the key. You need to tell your lawyer everything that might be worrying you. There is no such thing as a stupid question. Lawyers are used to hearing it all. If you do this, I think you will find that your lawyer is much forthcoming with matters. Depend on your lawyer to answer your concerns. That is what she is getting paid for, among other things.