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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-19-2010, 10:08 AM
danzuchy danzuchy is offline
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Default How DON'T you go to trial???

Everyone says "you won't go to trial" but how is that even possible? I am on my 3rd. CC and a little has been accomplished. We are miles apart. Wife won't budge an inch. She wants it all and won't give up anything. Judge's in CC seem clueless about pushingthis forward.

So my question is: How won't it go to trial? My lawyer, everyone I talk to say it won't and most people 'break' before the trial. Truth is, if one side has the money why would they "break"?

And what steps will I encounter that makes trial so unlikely when people are miles apart?

Confused???
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Old 05-19-2010, 01:30 PM
singledad99 singledad99 is offline
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It is all about bluffing and pressuring other party into giving in. I am in a similar situation where despite all recommendations (by CC judges and OCL) my ex keeps on pushing the matter. I gave in for all other issues except for custody.

Just hang in there.
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Old 05-19-2010, 01:38 PM
HammerDad HammerDad is offline
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How don't you.

Generally by having 2 reasonable people that are willing to look out for the best interests of the children and are willing to be fair with each other.

If you don't have 2 people, then you're stuck playing the game of who blinks first.
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Old 05-19-2010, 01:52 PM
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Don't kids yourself. You're not special. Only 2% get to trial. You think you're the first person to be dealing with an unreasonable ex?

YOU keep pushing the matter forward. Don't let the judge or your lawyer keep scheduling endless case conferences. Familiarize yourself with the stages of case management and book your ass a settlement conference, then a trial management conference, and if she still won't settle, implore the court to put you on the trial listings.
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Old 05-19-2010, 11:26 PM
logicalvelocity logicalvelocity is offline
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Trial is not automatic - An order is required... As dtte mentioned book a SC. Additionally, Serve an Offer to Settle independent of SC brief...
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Old 05-20-2010, 12:11 AM
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Quote:
Originally Posted by logicalvelocity View Post
Trial is not automatic - An order is required... As dtte mentioned book a SC. Additionally, Serve an Offer to Settle independent of SC brief...
Yes, trial does require an order, that's why I "implored the judge" to put us on the trial listings in the judge's chambers in the trial management confrence with me, my ex, our lawyers and the judge.

And we sure as s**t we got on the trial listings.

Have a picture of the overall process. When you're stuck in the trees it's hard to see the forest.
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Old 05-20-2010, 02:57 PM
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It won't go to trial because the lawyers are afraid to go to trial and will do everything in their power to keep it out of court. They also make more money keeping it out of court because the more meetings they have the more billable hours they can bill out. I represented myself and went to trial and won against my wife and she got stuck with a $3000.00 lawyer bill which was more then she was asking for. Stupid.
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Old 05-20-2010, 08:03 PM
Lesley21 Lesley21 is offline
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Danzuchy, my situation sounds the same. My ex won't budge I have been through two lawyers and have represented myself at the case conference because the legal fees are getting outrageous. My lawyer says no Judge wants to hear this case. Well what am I suppose to do I offered a substantial amount of money and that wasn't good enough prior to an application being served. My ex's lawyer is telling my ex that not only will she win she will get costs. We even came up with a custody scehudle for shared custody. I wanted to sign it but as soon as her lawyer got it I haven't heard another thing except they are waiting for the money. She is asking for way more than she is entitled to. I have made several offers and she just keeps asking for more money becasue her legal fees have gone up. She says she wants 235,000 dollars with no explantions as to why. I give an offer detailing the value of the house and how I come up with the amount I am offering. The Judge doens't say anything and now I am being threatend with contempt of court and an order of questioning. Is a trial even posssible???? It will cost us at least 50,000 each with lawyers?
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