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  • Oders be made at CC?

    My brain has gone to total mush and I need your help again. I am trying to push ahead with a Settlement Conference, however his lawyer has refused a conference once before, saying we were too close to a settlement anyway, and so I am not hopeful this time around. There is also an issue of time sensitivity as SC dates are so far away and I may be out of the country. Thus, I am considering another Case Conference date as they happen sooner than the SC dates. Is it possible I can ask the judge to make an order for the Separation Agreement to be signed and adhered too? I agreed to the lump sum agreement well over a month ago with no other action from his side re: signing or payment and the origninal CC was this past December.
    Any input would be most helpful.

  • #2
    orders made at CC need to be agreed upon by both parties. If you schedule a CC and you can come close to agreeing the judge can turn it into a settlement conference right then. But that also depends on the other party agreeing, as well as the time available that day to negotiate the final issues.

    I think it might be best though to resend the offer and insist that if they can't agree within X number of days that you will be scheduling a CC. If everything is in agreement then it woul be best (financially and emotionally) to agree outside of court.

    At all times you should be moving toward trial, don't let their verbal agreement to an offer keep you from moving the case forward. Until you have something signed you haven't solved anything.

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    • #3
      Orders can be made if you both agree onthem re: custody butthe judge demands a lot of stuff. I had mine today. While it was almost useless the judge did move things along ...a bit. There were at least 12 things he demanded to be ready for next round.

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      • #4
        Originally posted by danzuchy View Post
        Orders can be made if you both agree onthem re: custody butthe judge demands a lot of stuff. I had mine today. While it was almost useless the judge did move things along ...a bit. There were at least 12 things he demanded to be ready for next round.
        This underscores why litigants need to be pro-actively involved in the process and not blindly rely on their lawyers, who want nothing more than several more rounds of case conferences.

        If participants in the process completed their financial disclosure and other clerical assignments when given to them by their lawyer at early stages in the process, they would minimize expensive trips to court. So much time is wasted milling about the hallways at hundreds of dollars/hour and where they are constantly being asked by judges to provide disclosure that should have been complete before they got to court.

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        • #5
          I don't understand why anyone would bother to show up at court without the documents. I had a few numbers that I was still waiting on to finish up my financial disclosure, but overall it was basically done. WHY would anyone waste the time and money just to have their hand slapped by a judge??

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          • #6
            Originally posted by dadtotheend View Post
            This underscores why litigants need to be pro-actively involved in the process and not blindly rely on their lawyers, who want nothing more than several more rounds of case conferences.

            If participants in the process completed their financial disclosure and other clerical assignments when given to them by their lawyer at early stages in the process, they would minimize expensive trips to court. So much time is wasted milling about the hallways at hundreds of dollars/hour and where they are constantly being asked by judges to provide disclosure that should have been complete before they got to court.

            I agree but how can it be sped up? My documents were done in full 2 mths. ago. This is the second extension the judge gave her. It's insane. Other courts are so much different. If a judge tells you have it ready by Apr.1 you HAVE to have it ready by April.1. But in Family court April 1 means another 60+ days.

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