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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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Old 09-13-2009, 12:23 PM
geena geena is offline
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Default 1 year Lawyer. $6000 Bill NO separation agreement

I have, by reputation, the best divorce lawyer in town. However, I am told he is known for stretching out the cases he leads.
Right. I have absolutely no idea how court works, that is why I have a good lawyer to do that for me.

My case is now waiting to go to motions court for the fourth time after being put off. Each time, "they don't get to it"
I pay EACH time it goes there. Regardless.
First time, court ordered temp. order for support to be reviewed in 4 months time. THIS is the same order that has been put off for four different times.

I have no separation agreement, I have no firm support order meaning a final order, and I have a bill for six thousand dollars. I HAVE NOTHING. I am no further ahead now than I was a year ago, except its costing this much money. What do I do?
I feel intimidated by my lawyer. I don't have the cashe "sitting there" so I have to work out costs with him, and I feel so taken advantage of. My lawyer is known for dragging things out, now I don't know what to do.

I just got some equity out of my home, and now I have some money sitting in trust. Can the lawyer take it?
I feel like he is getting all the equity I have left. If I could just get a damm order I can move forward. THis is getting so exhausting, and Im getting NOWHERE!
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Old 09-13-2009, 03:38 PM
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Are you sure you can't settle things directly with your ex? If you each have a $350/hour lawyer, you are spending $700/hour to resolve things that you should be able to resolve your self - this would be considered to be crazy by almost any standard, but the lawyers have all convinced us this is normal. SNAFU!
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Old 09-13-2009, 10:40 PM
geena geena is offline
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Where do I start? We do not speak to each other as it is. He keeps telling me he is not paying me spousal support...He doesn't feel he owes me anything. In his eyes, I was a bitch to live with, and he wanted out. I didn't want him out, so now that I have a lawyer, I am vindictive? No, just want what I am entitled too.
However, my lawyer is the one telling me what I'm entitled too. I don't want to be kept forever, but I do expect him to help me get on my feet again after he told me he wanted me to stay home seven years ago. (I had worked full time prior to that).
How do I present an offer or get him too. I agree, it is getting ridiculous, and the lawyer is getting everything. I'm emotionally exhausted, and just want to start over.
Just when I feel its a normal day, there is something else to sign, or a court date to be REMANDED AGAIN AND AGAIN.....I just feel that this is all bull and the lawyer is cheating me. He just has an advantage knowing the law.
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Old 09-14-2009, 12:42 AM
FreeNow FreeNow is offline
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Geena,
The best way for you to start is to educate yourself. This site is a good start. Also, CanLII is an excellent source.
Lawyers screw you to make more money.
To properly employ them you have to have knowledge. Remember that you are their boss.

FN
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Old 09-14-2009, 07:49 AM
thistoshallpass thistoshallpass is offline
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Geena
Are there children involved?
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Old 09-17-2009, 12:01 AM
geena geena is offline
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yes, we have one child that is 9
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Old 09-17-2009, 07:46 AM
thistoshallpass thistoshallpass is offline
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Default Spousal Support entitlment

Spousal Guidelines can be read in full at this website

http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/index.html


The Divorce Act sets out certain factors and objectives that a judge must consider when deciding whether a spouse is entitled to support when they divorce. These include
the financial means, needs and circumstances of both spousesthe length of the marriage
the roles of each spouse during their marriage
the effect of those roles and the breakdown of the marriage on both spouses’ current financial positions
the ongoing care of the children
the encouragement of self-sufficiency within a reasonable period of time; and,any order, agreement or arrangement already made about spousal support
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Old 10-14-2009, 11:36 PM
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Unfortunately, $6K is nothing in family court. Together we pissed away $140K in the courts. Not too hard to do in a high conflict separation.

Like someone said above, one of the best things you can do is educate yourself as to the process and do as much of the grunt work as you can yourself.

Don't rely on the lawyer to do the whole thing. He cannot possibly know your case as well as you do. Knowledge is power, and in this case $ as well.

Good luck.
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