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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 08-07-2012, 03:09 PM
AA10 AA10 is offline
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Default Deferring a Trial

My ex and I have gone through the court processes and our trial date is set for September 2012. However sometime ago we agreed to try and settle without using the trial. I obtained a lawyer for legal advice however did not obtain him as a trial lawyer due to cost and in hopes that a trial was not needed. Our issues on the table are minor (in my opinion in no need of a trial) I think we will be laughed at, however i was advised by my lawyer that my ex and his lawyer are preparing for trial. My ex's response to this when I asked him about it is that too date we have not come to an agreement, and he is correct, so him and his lawyer are just preparing. I am on the fence at to what to do, hope that we settle before, somehow find the funds to pay for my lawyer to act as my trial lawyer or just represent myself. In the meantime, my big question is CAN A Trial date be requested to be postpones/deffered? If so, how do I go about doing that? Thank you
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Old 08-07-2012, 04:57 PM
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If they have decided not to entertain any more efforts to settle, there's not much you can do about it. It's their perogative.

You will need to ask your ex's lawyer for permission to defer, in order that you can obtain legal counsel (you need a reason - anything else you can justify with?). They might not agree though - and from what you write, it sounds like they are confidently pushing towards the trial date.
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Old 08-07-2012, 08:38 PM
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In Alberta people who are self represented seem to get away with deferring dates several times.

If you and your stbx don't come to an agreement, and there are assets/home kicking around, you can be the lawyers will try to stir the pot and create animosity. That is how they make their money. Recognize it and hopefully you can get things back on track to settlement.

Sounds like you are trying to drag it out. To what end?
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Old 08-08-2012, 06:42 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by AA10 View Post
My ex and I have gone through the court processes and our trial date is set for September 2012. However sometime ago we agreed to try and settle without using the trial. I obtained a lawyer for legal advice however did not obtain him as a trial lawyer due to cost and in hopes that a trial was not needed. Our issues on the table are minor (in my opinion in no need of a trial) I think we will be laughed at, however i was advised by my lawyer that my ex and his lawyer are preparing for trial. My ex's response to this when I asked him about it is that too date we have not come to an agreement, and he is correct, so him and his lawyer are just preparing. I am on the fence at to what to do, hope that we settle before, somehow find the funds to pay for my lawyer to act as my trial lawyer or just represent myself. In the meantime, my big question is CAN A Trial date be requested to be postpones/deffered? If so, how do I go about doing that? Thank you
if they are so minor then why not just let it go?? No one in a divorce gets everything they want. He isnt giving in so its up to you to be the bigger person and say it isnt worth fighting over. If you are not willing to do that then obviously the issues are not so minor and off to court you go.
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Old 08-08-2012, 08:01 AM
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Originally Posted by standing on the sidelines View Post
if they are so minor then why not just let it go?? No one in a divorce gets everything they want. He isnt giving in so its up to you to be the bigger person and say it isnt worth fighting over. If you are not willing to do that then obviously the issues are not so minor and off to court you go.
I agree with SOTS. As a party to the case under Rule 18 of the Family Law Rules (Offer to Settle) you can make numerous offers to settle. Look at the issues, make some compromises, demonstrate your willingness to settle the matter and make some solid offers to settle in accordance with the Rules.

Courts of Justice Act - O. Reg. 114/99

Nothing is stopping you as a party to the case to make an offer to settle. But, when you do, serve it properly with a courier service so you know they got it.

Also, identify that the offer to settle is being made in accordance with Rule 18: Offers to Settle of the Family Law Rules.

Also, you are going to need to prepare for trial as well as there is no guarantee that the other party will accept your offer. But, hopefully if you start the process of making settlement offers they will respond. Again, no guarantee.

Good Luck!
Tayken
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Old 08-08-2012, 08:15 AM
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Expect the worst, hope for the best.

Start preparing for trial yourself (lawyer or no), and be ready for the worst.
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