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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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  #31  
Old 11-19-2010, 03:46 PM
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Gary M Gary M is offline
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Quote:
Originally Posted by Epona View Post
In the second, although I won the case, the Judge was punitive and awarded costs to my ex to be deducted from child support (how does that benefit the children?!) AND I have to have permission from the court before I can initiate court action against my ex at any time in the future.
I am certain that this is not the case in your circumstance, but in my experience action like that will only be taken if one party consistently files frivolous BS motions and wastes the court's time on matters that could be settled with a 5 second phone call, or those that really don't need to be settled at all.

* It took 3 years and $250,000 in legal bills before a certain someone was barred from initiating any further proceedings unless that person voluntarily submitted to an evaluation of a psychiatric nature. 3 years and 1/4 million dollars that the other spouse, and, most importantly, the kids, will never see.

Again, I'm certain that in your case it was just a grumpy judge who didn't like people who self-represent.

Cheers!

Gary
  #32  
Old 11-19-2010, 10:07 PM
pokeman pokeman is offline
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things are different in the wild wild west

i went in and out of self rep while circulating through judges

the X's pitbull would just cut me off 20 times so i never got
a complete sentence out , judge just smiled as i left the court
room paying for everything

if you look at my other posts current case mgmt judge ordered 'gender biased parental alienation' against me

i got same judge my work mate did - he got his kids only after they ran away from mom 6x

the term "rotten from the top down" sometimes fits
  #33  
Old 11-22-2010, 03:19 AM
Roni Roni is offline
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From what I have seen in Provincial Court, it might be a different ball game in Supreme, having a lawyer is useless. I watched about 20 cases and in neither one of them having a lawyer made a difference. In fact it backfired on them. I found the judges are Super Lenient toward self representation cases and gave the many the benefit of doubt, but didn't even give an inch to the lawyers. Very sad and a lot of $$$ wasted. You can BS your way around as much as you want and the judges lap it all up. What a circus. I noticed the judge was not even looking at the lawyers for answers but was looking straight at the Applicant and Defendant for feedback.
The whole system is a sham. Even my lawyer told me that if my ex doesn't get a lawyer, it will be a ''mess'' in court. I was like WHY? He says, the judge will be spoon feeding info and give my ex breaks because he doesn't have legal representation. WTF? At the end I will lose $5K and my ex is laughing all th way to the bank. The courts need ot be fired. People should really go to private mediators and not waste their money on judges and lawyers.
  #34  
Old 11-22-2010, 02:19 PM
onedayatatime onedayatatime is offline
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It's been a few months since your post but I just read it and I'm going through that right now. My lawyer has been dragging this thing through thousands of my dollars for 2.5 years, I finally just walked out of my house and rented another place and I have nothing more to show for my lawyer bill than filing the original separation.

My ex is still being nasty so it looks like we'll go to court and I am seriously looking at representing myself. Did you ever do it after all? If so, how did it go?
  #35  
Old 01-20-2011, 07:08 AM
Nadia Nadia is offline
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I self-represented recently and it worked out in my favor. I used the recommendations made in the trial decision (where I was represented) to submit a motion to vary the final court order and succeeded on all fronts.

In my experience, I think if one party is self representing, having a lawyer to represent you places you at a definite disadvantage. Judges expect your lawyer to know the rules etc but will cut some slack for the self represented party. In the 9-10 appearances we had in court, where my ex self-represented, he by and large had a far easier time in court then my lawyer did.

That being said, it really depends on the nature of your case and history of litigation in court. If it is a contempt motion, then lawyer up. If you are facing trial on a contempt matter then definetly lawyer up. The consequences of being in contempt of a court order are very serious and include imprisonment. Given that this is the case, it is perfectly reasonable to be represented by a lawyer.

If it is anything else then I would self-represent.

On the recent motion, my lawyer helped me to prepare my affidavit and exhibits. I went in and spoke to the Judge. We were in and out of there in less then 30 minutes.
  #36  
Old 01-20-2011, 08:11 AM
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So far in court I have had 3 different judges in 4 proceedings, the first one in the case conference said I represented myself well but highly suggested I brought a lawyer the next time, he seemed pretty fair. The following time I brought a lawyer and everything seemed pretty fairly done. The next motion I again represented myself with another different judge. He made it clear he wasnt impressed with my lack of knowledge and appeared to make me an example of it. The last time I again brought a lawyer and got the same judge. He still strongly sided with the female side to the point of unfairness and my lawyer got into an arguement with him. Its true, all depends on the judge.
  #37  
Old 01-20-2011, 08:25 AM
logicalvelocity logicalvelocity is offline
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From what I have found; Nothing like exposing the other side's outright untruthfulness to turn the table. I don't think they, the respective, like being lied to. I mean who really does?
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