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  • Going to court...not sure what to expect.

    This will be our first court date. Issues being discussed will be:

    *Bilateral Assessment(I want it to happen, ex has not given o.k.)
    *To give my share of matrimonial home(both own it, he lives in it)
    *We currently have 50/50 custody of children. 2 weeks each. Children want me as primary residence hence the assessment. Children are 6,8,12. Oldest is from previous relationship and very much dislikes situation and wants to stay with me but I am constantly convinving them all to go back.
    *Ex is in possession of all assests and business and I am hoping to retrieve some funds(I have taken/received nothing to date)
    *child and custody support( currently receiving less than half of tabled amount for custody and no spousal)

    I guess my question or concern is: What do I expect to come out of this court session? I am guessing it can't all be resolved in one shot but is it possible to address all issues and hopefully dissolve some of them?

    I realize all situations are different but I am hoping we can come to some sort of resolution before Christmas. This divorce along with the loss of my mom has caused me a great deal of depression that have me ready to throw in the towel. I just want to see progress for once. Hope it's possible.

  • #2
    Very First?

    Is this your very first appearance?
    If so, then you'll either have a trial date set or case conference.

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    • #3
      Yes it is our first time in court.
      On top of all the other issues, is there any way around the finacial strain this has on me. I recieve $2000.00 in support for 3 kids. I left with a small savings. In the meantime I am borrowing from my dad to get by but in the meantime my ex has all assests and home. I need to pay the for the assesst which in advance is $3000.00. Where in the world am I going to come up with that kind of money. This just sucks that he has it all! I don't imagine there is a way around any of this or my lawyer would have informed me but it feels better to vent.
      Thanks for listening!
      T

      Comment


      • #4
        Tangled,

        Basically your first appearance will most likely begin with an informal meeting with the Court Registrar, Both parties and their solicitors will attend same. The Registrar will confirm that both parties have served and filed the necessary paperwork. Once this is confirmed, most likely that afternoon, you will have your first case conference before a Judge. No significant orders would be made by the court at this time. The Judge may give an opinion or a recommendation on some of the issues. The Judge may suggest mediation. The Judge may order disclosure or procedural issues. The Judge may order that the case move ahead by way of another case conference or by motion.

        I suspect your best bet would be to move ahead by motion to get some relief of the issues such as support for your children and yourself and perhaps some access to the mutual assets or cash. I am not clear on all your issues and facts so it it difficult to speculate which direction you may want to take.

        Remember that the wheels of justice do move slow at times, Try not to get too frustrated with the process. Remain focused on your children and the issues.

        lv

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