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Best steps to get things done? What's the point of all the conferences?

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  • momof2teenboys
    replied
    I think it's just the frustration with the entire process...it's dragging and I don't see an end in sight. Just most $$ going to lawyers.

    He moved in with one of his affair partners right away so I actually hoped that would mean he would want to get this done quickly. Not so it seems!

    Leave a comment:


  • Janus
    replied
    I'm not sure how you can avoid trial.

    You have won motions, and he is disregarding those motions. He is not providing disclosure, and you do not expect him to provide disclosure.

    It seems like you have two choices:

    1) Accept that there will not be disclosure, and settle anyway.
    2) Go to trial.

    Offhand, I would bet that if you settled you would still end up in court to enforce the terms of the settlement, so I'm not sure if option #1 provides you with any meaningful benefits. It seems like you are in a rush, why is that? You have temporary support, you have custody, the other stuff sounds like equalization which is not really all that time sensitive.

    Leave a comment:


  • Best steps to get things done? What's the point of all the conferences?

    I need some advice on best steps to move forward. We seem to be headed for trial and while I’d like to avoid it…all the conferences along the way are adding up and I’m wondering the point and if I’m better to save my time and money and simply prepare for trial instead.
    Timeline so far…
    -Married 20 years. Separated in spring 2014.
    -Letters back and forth and then a 4way meeting with lawyers in fall of 2014.

    Issues were dissolving family business, selling marital home and dividing assets, access schedule for kids (they were 13 and 16 at the time and stbx had and still does not have interest in them residing with him), determining income for support (both child and spousal)

    -Case conference in winter 2015. I was asking for house sale to wait until both boys finished at their schools (both graduating in spring 2015 – one from elementary and one from highschool) He disagreed and wanted immediate sale and for us to be out by end of March. I wanted an order for temporary support (so I could get a new mortgage on our next home – he refused to disclose income) House was sold in Spring 2015 and we moved early summer. Funds were held in trust until he finally agreed to temporary support.

    -Trial management conference at end of summer 2015. Still no income disclosure but an amount was agreed to. Court order states full disclosure to be provided THIS WEEK. We are put on trial schedule for November 2016.

    -Business is still not dissolved. Court order stated it was to be done by end of November 2015. We brought a motion in January 2016 but still have not been to court. He fired his lawyer, adjourned, couldn’t “get his file”, adjourned twice more, needed to question me, adjourned and so it continues…

    So here is where we are now. His lawyer is stating that stbx still doesn’t have all the facts he needs to make any decision moving forward. The business is not running. I looked at finding a replacement for him and attempting to continue to help run it but he opened his own business and took all the clients with him and left me with the tax bill and other payables that need to be paid out before we can dissolve. He also withdrew more money from the business before he “resigned” so that’s the money that needs to be paid back so we can shut down and move on…which is the reason for his continued delays. They’ll be asking for an adjournment again…I’m ticked off and totally frustrated with it all.

    I also foresee (and my lawyer agrees) that he will ignore the court order to provide income disclosure. The court order listed the documents we need and I’m already sure I’ll need more so I can do a full review. She is now suggesting we schedule a Settlement Conference to deal with the business and income all at once. I’m thinking this is just more delay and a waste of time and more money.

    What would you suggest? They are two separate issues. Dissolution of the business should have happened by last November and it’s still not settled. Income disclosure is also a big question. I need to move forward and get this done. It’s been over two years…

    And of course, to add, the next available Settlement Conference date isn't until October!
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