Announcement

Collapse
No announcement yet.

Family Law Trial

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Family Law Trial

    Hi, I was wondering if anyone went through a trial on a family law matter?

    How much does it cost and what are the steps to get ready.

    Is it possible to do it on your own, without a lawyer?

  • #2
    Lots of people have gone through it. Go to canlii.org and do a search in your province. Depending on the complexity of your case, you may not be able to do it alone. Trials with a lawyer run from $8,000 to $40,000 JUST for the trial. Has there been any discussion about settling? Have you sent an offer to settle?

    Comment


    • #3
      I am not the one interested in it. Just trying to calculate what it will cost me if my husband decides to go with it.

      Comment


      • #4
        It shouldn’t cost you anything. If your husband wants to do it, shouldn’t he pay for it? I’d doesn’t have anything to do with you

        Comment


        • #5
          Trials definitely cost more than $40,000. I believe it is estimated to cost $30,000 for a two-day trial and few Family Law trials are that short. If there are experts involved, such as for parenting issues, or any financial issues beyond just using T4s (investments, self-employed, family money etc) the costs increase. If you win, you get *some* of your costs back. That being said, sometimes they ad the only option in black and white cases such as an employee person flat out refusing to pay any child support, or if parenting time is being denied entirely. The threat of a trial can be used to promote mediation - if it costs you $30,000 for a trial, it also costs the other side, even if they are self-repping. The only ones who win at trial are the lawyers (and there are definitely lawyers that promote trials, especially in high conflict situations, because of the payday)

          TL;DR avoid trials unless the only option being offered by the other side is literally nothing.

          Comment


          • #6
            A settlement in this case feels like a bribe to me in the response of the blackmailing me with the trial.

            My ex stayed unemployed for 2 years prior to separation and blackmailed me with the perspective of SS to stay in the marriage. I left, he remained unemployed and started SS application just to get back to me. All this time no child support and didn't even see our daughter. I am the only adult taking care of her and now have to pay the lawyer to protect myself.

            To pay him off just to satisfy his ego feels very unfair to me . He never contributed anything g to the family, and except his lack of career development and voluntarily unemployment- there is no reason for him to get support from me. The whole situation is unreal, that more diligent and hardworking parent need to pay the lazy and irresponsible $$ just out of fear of legal costs in trial...

            Comment


            • #7
              How realistic is it to get it done without a lawyer? He doesn't have money to afford a trial with the lawyer. But he is quite determinant to get his revenge and at least create some expenses on my side during the process.

              Comment


              • #8
                I have been self-repping and the expenses have not been onerous, the TIME has been (research, filling out paperwork, filing, attending conferences you know are going nowhere etc. Would he be eligible for legal aide? That could throw a wrench into your strategy (and personally I am appalled legal aide is used by deadbeat parents to defend against claims for CS, that really needs to change). Have you counter filed for child support and (possibly?) SS for yourself? He can file for SS all he wants, it doesn’t mean he is entitled to it or will be awarded it. Start gathering evidence that he was NOT the primary parent when you were together, even though he was the unemployed one (I am just assuming that based on him having no contact with his daughter post-separation).

                Most provinces have a lay persons’ guide to the court system online that you can read. As a self-rep the courts try to guide you a little bit, but taking imitative to do research, read practice notes and completely read your jurisdiction’s Family Law Act and rules wil significantly help.

                Comment


                • #9
                  Not meaning to hijack this thread, but since we're on the subject of trials, can anyone confirm whether it's common practice for a lawyer to have their legal assistant attend each trial date?

                  How long is a typical day of trial? I've gotten estimates from different lawyers. Some quote ten hours per day for trial, where others quote 6 hours.

                  Comment


                  • #10
                    Originally posted by Nikolina View Post
                    A settlement in this case feels like a bribe to me in the response of the blackmailing me with the trial.
                    Well, after you spend $40,000 on your trial, I am sure that you will feel really good about having stood up for yourself. Can you really put a price on smug satisfaction?

                    My ex stayed unemployed for 2 years prior to separation and blackmailed me with the perspective of SS to stay in the marriage. I left, he remained unemployed and started SS application just to get back to me.
                    Alternative explanation: He is unemployed, and needs money. You have money. You possibly also owe him SS. You refuse to pay him SS, so he has to start an SS application.


                    To pay him off just to satisfy his ego feels very unfair to me.
                    I'm not sure how you got the idea that family law has anything to do with fair. Some horribly unfair things happen in family law, your case would not be the first.

                    Side point: Offhand, what you think is unfair does not even sound all that unfair.

                    Side point 2: You DO realize that you are refusing to pay him off just to satisfy your ego, right?

                    He never contributed anything g to the family, and except his lack of career development and voluntarily unemployment- there is no reason for him to get support from me.
                    So said almost 90% of husbands getting divorced from some useless sludge of a wife. The country is full of guys who work hard for decades putting in 70 hours weeks, and have half of it taken away by their worthless spouses.

                    Spoiler: They usually end up paying support.

                    The whole situation is unreal, that more diligent and hardworking parent need to pay the lazy and irresponsible $$ just out of fear of legal costs in trial...
                    Welcome to family law. At least you still have your kid. Fathers often get a bonus kick in the teeth: Because they worked hard, they have seen the kid less, so they lose the kid. Because the moms were unemployed losers, they were with the kid more, so they get to keep the kid... and the money.

                    Seriously, as the saying goes, your situation is common as dirt. Your sense of victimhood is cute, but on the scale of injustices, your story doesn't even bear a mention. Stop being such a wannabe noble justice warrior, settle the case, and move on with your life.

                    Comment


                    • #11
                      Originally posted by Janus View Post
                      So said almost 90% of husbands getting divorced from some useless sludge of a wife. The country is full of guys who work hard for decades putting in 70 hours weeks, and have half of it taken away by their worthless spouses.

                      Spoiler: They usually end up paying support.

                      With stay home moms I would assume it was a family decision for mom to stay home. If she stayed, the family benefitted from at least saved child care costs... we never agreed on that, joint budget was spent on his education , unseccesfull business attempts etc... he was emotionally abusive towards our daughter, hence she is with me.

                      I am not here to complain and play victim, but to get information to make a decision on how to proceed. Should I cut my daughter off her voice lessons and RESP co tributions in order to support my ex, just because he chose to sit and wait for SS... he is working now, but making less than me. But my understanding is that difference in I comes doesn't automatically trigger SS entitlement.

                      Comment


                      • #12
                        He has to prove entitlement. Have you spoken to a lawyer?

                        Comment


                        • #13
                          Intentional unemployment for 2 years? He had better have a good explanation for that one. ha ha

                          I probably make more than my ex on record (cause his income is funneled through the GF) but he wouldn't stand a chance in getting SS from me. Why? he has lied repeatedly in the past to several courts. The lying is what the court looks at foremost. Lying can be as simple as false income tax returns. If you have that evidence that should shut him down nicely.

                          Comment


                          • #14
                            I hear you nikolina and I can relate. I'm left to raise two young kids on my own. If I don't get up each day to work my kids don't have a future. Ex spouse refuses medical care and medicine so he can be employable. But why would he? I'm about to become his workhorse for life. His lawyer is asking me for SS or we go to trial. Damned if I do cut him a cheque in mediation or damned if we go to trial. I will never be able to recover from the loss of money from the legal fees. Yes the stable hard working parent gets screwed over in a divorce. I've been at it since 2012/2013. The lawyers are winning. They get to line their pockets while they bankrupt families. The problem is they know what you are worth from filling out the financials. Once they get this info they do their math and bleed you dry. I've been quoted min $50,000 for trial alone. I just spent $15000 on mediation which appears to have gone nowhere. Other side was supposed to offer a proposal. That was last month. I can see other side now saying we want to go to trial. I don't doubt it was their plan all along. Stay strong. The wheels of Justice move slowly. I didn't sign up to be a single mom. God help us.

                            Comment


                            • #15
                              I have the same reply as another post - mediation is not a good option. Read/scan this forum and you will see that very few people have found it effective.

                              Yes you are correct... lawyers, who are business people, will maximize their billable hours commensurate with your assets/income. You are not alone. People make this mistake all the time. We hear "my lawyer is such a nice guy/woman who listens and I think who has my best interests..." blah blah blah.

                              I say it over and over again.... demand a detailed monthly invoice... ask lawyer what their "game plan" is and time-line.

                              Nobody listens....

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X