Hi, my name is Jeannette and I live in central Ontario. While researching info on Divorce proceedings I came across this website and decided to stay.
My brother is going through the first stages of the divorce and I am helping him do all the leg work.
He was forced, and advised by the police, to leave the matrimonial home because the violence towards him, from his wife, was escalating. So April 3,2012 Dan left and moved in with me.
My brother has a permanent disability and receives a small CPP pension each month and up until October 2012 that's all he had to live on. He applied and now receives ODSP which helps a little.
Anyway, he was being represented by a Legal Aid lawyer, however he couldn't understand her so we dropped her. We then retained a lawyer in Kitchener and paid the retainer of $5000 for him to handle this matter.
I need it point out, like most people, we do not have a lot of money, so I secured a second mortgage to help with the finances.
During our initial meeting with the lawyer we made it perfectly clear that Dan needed the following:
- Immediate support payments (his ex works full time plus has her own clients cleaning houses)
- the sale of the matrimonial home
- his car (1986 Buick) he has regular weekly doctor appointments
We also made it clear to the lawyer about our financial situation.
Considering Dan had filed his application and financial statement and his Ex had sent her Replies, the lawyer said that we needed to "answer" her relies. He also said that we could say ourselves money if we did all the leg work instead of him or his law clerk. (His hourly rate is $550 and his clerks rate is $160)
We told him that we were working to the "answers" to both her Application and Financial Statement, and that we would be sending him copies off all the material, including independent evidence, to him in 3 binders.
- one binder for the Application
- one binder for the Financial Statement
- one binder about the history of abuse and other misc information
Dan and I worked steady for 6 weeks compiling all the supporting documents and evidence, then, on September 24, 2012, we sent a full copy of each binder to the lawyer.
We followed up this material with emails requesting the initial requests that Dan needed and what we had talked about at our initial meeting, a motion to be file in court. The lawyer had said that once he had the "Answers" he would go to the Court, which is 2 1/2 hours from where we live, and file a motion.
Well as of the date of this posting, it has cost us $2600.00 (which was paid to the clerk) for correspondence between the two lawyers and Dans lawyer still has not filed anything. Also any "answers" to the ex's correspondence was done by us, with supporting evidence, and then sent by to Dans lawyer to be forwarded.
In early December we tried to speak to the lawyer, we sent emails and left phone messages, but the only thing we found out was that the office was closed until the new year and the lawyer was on holiday until the middle of January.
We called again on January 3 and left mags and then again just after the 15th. Finally on Monday this week the lawyer called me. He was quite annoyed that Dan had been trying to contact him and he wanted to know what the problem was. I explained to him that we wanted to know when he was going to file a motion as per our initial meeting. He told me that we would have to book a "full" day to meet with his clerk and compile the "Answers" to her "Replies", and that we would have to give him a further retainer of $7000 before they could proceed. I tried to point out to him that he already had copies of all the materials and that we wanted him to just get the motion filed.
We are now of the impression that this lawyer doesn't have a clue about what information is sitting in his office or what exactly he is going to do. But he has made it clear he wants more money.
As of this time we are extremely hard up against it. Last Monday I fell and broke my left ankle so I can't work and we have exhausted all the money I had in the bank. Currently we are living on my credit card and I told him that but as he said that was unfortunate, but we would have to attend this meeting in order to proceed.
Stating that Dan and I are extremely fed up and disappointed is putting it mildly.
Apparently we still have about $2000 left on the retainer and I'm of the mind to ask for it and all of our material back.
On the Ex's Financial statement she did not supply full copies of her income tax or other income. We have asked repeatedly but she just simply ignores it. She is also playing the "poor me" card and refuses to provide other information. There is also the matter of GIC's worth $140,000, which are in both her name and Dans, that she has cashed and never noted on her financial statements, plus a few other things.
I am seriously considering letting the lawyer go and doing the motion, etc myself. I believe I am quite capable to do that and I'm hoping, with the help from this site and forum, I will get the assistance I need to be successful.
We would welcome any, and all, comments/suggestions from others on the forum as I'm sure our situation is similar to many here.
Just one other thing I forgot to mention. There are 2 boys, the oldest is 21 and the youngest will be 17 in May and neither one of them talk to Dan because the Ex has told them that Dan is going to force them out on the street because he wants the house sold.
Thanks for listening, Jeannette
My brother is going through the first stages of the divorce and I am helping him do all the leg work.
He was forced, and advised by the police, to leave the matrimonial home because the violence towards him, from his wife, was escalating. So April 3,2012 Dan left and moved in with me.
My brother has a permanent disability and receives a small CPP pension each month and up until October 2012 that's all he had to live on. He applied and now receives ODSP which helps a little.
Anyway, he was being represented by a Legal Aid lawyer, however he couldn't understand her so we dropped her. We then retained a lawyer in Kitchener and paid the retainer of $5000 for him to handle this matter.
I need it point out, like most people, we do not have a lot of money, so I secured a second mortgage to help with the finances.
During our initial meeting with the lawyer we made it perfectly clear that Dan needed the following:
- Immediate support payments (his ex works full time plus has her own clients cleaning houses)
- the sale of the matrimonial home
- his car (1986 Buick) he has regular weekly doctor appointments
We also made it clear to the lawyer about our financial situation.
Considering Dan had filed his application and financial statement and his Ex had sent her Replies, the lawyer said that we needed to "answer" her relies. He also said that we could say ourselves money if we did all the leg work instead of him or his law clerk. (His hourly rate is $550 and his clerks rate is $160)
We told him that we were working to the "answers" to both her Application and Financial Statement, and that we would be sending him copies off all the material, including independent evidence, to him in 3 binders.
- one binder for the Application
- one binder for the Financial Statement
- one binder about the history of abuse and other misc information
Dan and I worked steady for 6 weeks compiling all the supporting documents and evidence, then, on September 24, 2012, we sent a full copy of each binder to the lawyer.
We followed up this material with emails requesting the initial requests that Dan needed and what we had talked about at our initial meeting, a motion to be file in court. The lawyer had said that once he had the "Answers" he would go to the Court, which is 2 1/2 hours from where we live, and file a motion.
Well as of the date of this posting, it has cost us $2600.00 (which was paid to the clerk) for correspondence between the two lawyers and Dans lawyer still has not filed anything. Also any "answers" to the ex's correspondence was done by us, with supporting evidence, and then sent by to Dans lawyer to be forwarded.
In early December we tried to speak to the lawyer, we sent emails and left phone messages, but the only thing we found out was that the office was closed until the new year and the lawyer was on holiday until the middle of January.
We called again on January 3 and left mags and then again just after the 15th. Finally on Monday this week the lawyer called me. He was quite annoyed that Dan had been trying to contact him and he wanted to know what the problem was. I explained to him that we wanted to know when he was going to file a motion as per our initial meeting. He told me that we would have to book a "full" day to meet with his clerk and compile the "Answers" to her "Replies", and that we would have to give him a further retainer of $7000 before they could proceed. I tried to point out to him that he already had copies of all the materials and that we wanted him to just get the motion filed.
We are now of the impression that this lawyer doesn't have a clue about what information is sitting in his office or what exactly he is going to do. But he has made it clear he wants more money.
As of this time we are extremely hard up against it. Last Monday I fell and broke my left ankle so I can't work and we have exhausted all the money I had in the bank. Currently we are living on my credit card and I told him that but as he said that was unfortunate, but we would have to attend this meeting in order to proceed.
Stating that Dan and I are extremely fed up and disappointed is putting it mildly.
Apparently we still have about $2000 left on the retainer and I'm of the mind to ask for it and all of our material back.
On the Ex's Financial statement she did not supply full copies of her income tax or other income. We have asked repeatedly but she just simply ignores it. She is also playing the "poor me" card and refuses to provide other information. There is also the matter of GIC's worth $140,000, which are in both her name and Dans, that she has cashed and never noted on her financial statements, plus a few other things.
I am seriously considering letting the lawyer go and doing the motion, etc myself. I believe I am quite capable to do that and I'm hoping, with the help from this site and forum, I will get the assistance I need to be successful.
We would welcome any, and all, comments/suggestions from others on the forum as I'm sure our situation is similar to many here.
Just one other thing I forgot to mention. There are 2 boys, the oldest is 21 and the youngest will be 17 in May and neither one of them talk to Dan because the Ex has told them that Dan is going to force them out on the street because he wants the house sold.
Thanks for listening, Jeannette
Comment