Originally posted by arabian
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Originally posted by ninehundredt View PostBased on what you've said in regards to my particular situation (relatively uncomplicated) I think it would be best to maintain self representation until the matter heads for trial. I can always have my representation status changed before an actual trial so she can step in for the hard stuff.
Conferences are such a waste because if the other party was willing to settle you wouldn't have had to bring it to court.
Have your lawyer review your documents and use resources online and you'll be all set.
Remember, be mindful of your lawyers time. Money is key, because often the other party can drag things on and over communicate with lawyers to drain funds. The person with money left in the bank usually is the one that doesn't have to settle.
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What happens if you lose a trial and have no way of paying the $50k+? Bankruptcy?
This is also an incentive to settle. If assets are being disputed, the risk is everyone pays their lawyers more than they will obtain at a hearing, and if the other side declares bankruptcy the costs are wiped (possibly after the assets have been spent).
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Most lawyers will not assist you with a trial (prep or otherwise) without a large retainer. We were asked for 30K 4 months prior to the trial date.
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Yes and the great thing about a 30k legal bill from a Trial. The Order from a Trial can easily be thrown into the garbage by the other party for whatever reason after it, and it's almost impossible to use Contempt of Court in Family Court
The Court system is clogged with people trying to enforce Orders it's ridiculous. Judges don't enforce there Order's and because they don't throw the book at people for disobeying a Court Order the Trials are a joke.
Not to mention the perjury and continous lying under oath that goes on at TrialsLast edited by MrToronto; 05-13-2014, 03:16 PM.
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From what I'm hearing I'll have to represent myself at trial anyway, as there is no way possible for me to afford a lawyer under those circumstances. At the same time it is likely the same situation with my ex. I very much doubt she could come up with $30k let alone $10k in preparation for a trial.
Hoping it doesn't come to this.
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I'll have to represent myself at trial anyway, as there is no way possible for me to afford a lawyer under those circumstances. At the same time it is likely the same situation with my ex.
If the issues are children, why not reach an agreement and put the money saved into an RESP?
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Originally posted by OrleansLawyer View PostIf the issues are money, this would be an excellent reason to settle.
If the issues are children, why not reach an agreement and put the money saved into an RESP?
There is no rationale for this going to trial. I'm merely preparing myself for how stubborn my ex is. Most sensible people would find my offer more than fair.
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Originally posted by sioux View PostIn otherwords.....she wants more money i.e. table amount as opposed to an offset amount. What are the reasons she has given to date? Am sure a judge will like to now why she wants sole custody
Her reasoning for sole custody is frivolous. She basically says that she doesn't trust me, and that I'm unreliable. That's her case. No evidence/proof to back any of it up. Just wasting everyone's time and money to drag out the inevitable.
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Be careful Ninehundredt. My ex is claiming that i make it difficult for decisions to be made and therefore should have Sole Custody.
Her claims are false and baseless. In fact, I have evidence to prove that it is her who makes decisions difficult by being unreasonable and inconsistent.
If your ex has sought legal advice, your ex was probably coached on how to proceed with her claims.
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Originally posted by OntarioDaddyMan View PostBe careful Ninehundredt. My ex is claiming that i make it difficult for decisions to be made and therefore should have Sole Custody.
Her claims are false and baseless. In fact, I have evidence to prove that it is her who makes decisions difficult by being unreasonable and inconsistent.
If your ex has sought legal advice, your ex was probably coached on how to proceed with her claims.
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