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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 08-22-2013, 12:15 PM
FrustratedPartner FrustratedPartner is offline
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Default Why did it go to trial?

Hi: I am wondering if members can share why their cases ended up going to trial, what were the main issues of contention, how long the trial lasted and how much going to trial cost you?

We might be facing trial, but I am not sure and am feeling concerned about it so hopefully feedback will help put it in perspective.

Thanks
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Old 08-22-2013, 02:38 PM
ceilidh1 ceilidh1 is offline
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My ex brought motion after motion after motion. We first did mediation - shut down after 20 minutes as he stated to the mediator "this is what I want and I'm not going to negotiate", we then did a case conference that ended after 40minutes with him yelling at the judge and storming out. It then went to trial. The process has been ongoing for 15months now and nothing has been settled. Issues are custody, access, child support. We are going through provincial court (HUGE mistake) so no costs involved, but I have over $10,000 in legal fees. I would say try to avoid trial if at all possible - but it's hard to do if one party is unwilling to negotiate on ANY matter!
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Old 08-22-2013, 10:45 PM
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Janibel Janibel is offline
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Hi FP,
In my situation there was never any option of it NOT going to trial. There was an emergency SA agreement signed within a few days after separating. No chance at mediation or arbitration since stbx has pending criminal charges pertaining to domestic violence. (no contact order). Ex is not only unwilling to negociate with my lawyer, but has fired his own and refuses to deal with anything at this point.

Unfortunately, that leaves me with no option but to let my lawyer argue it out in front of a judge. I have no idea of the costs involved but will post in here once it's done with. I agree with OP, try to settle out of court if you can, it's rarely worth the expense and stress involved. The best course of action would be to get your lawyer to offer something reasonable with the hopes that the Ex will agree and avoid a trial altogether.

What's the main issue of contention you ask? money of course.
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Old 09-16-2013, 06:39 PM
FrustratedPartner FrustratedPartner is offline
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I am back to asking why your case went to trial and how much it cost. I am freaking out now and feeling kinda scared. We are waiting for OCL assessment as well as fighting over access, custody and child support.

We retained counsel 6 months ago and are already over $20k in legal fees and just from motions and letters. Not much has been accomplished.

The other party is not budging and is being very, very unreasonable, not responding to allegations of fraud and misconduct, adjourning case conferences, outright fabricating testimony, not supplying any evidence or disclosure. There is such a massive volume of stuff in the file, there is no way a motions judge will get through it or that both parties will ever manage to settle.

This just seems like we need to cut to the chase and go straight to trial before we incur another $20k in back and forth over the next 6 months.

Can anyone share their experiences? Thanks
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Old 09-16-2013, 06:47 PM
takeontheworld takeontheworld is offline
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Quote:
Originally Posted by FrustratedPartner View Post
I am back to asking why your case went to trial and how much it cost. I am freaking out now and feeling kinda scared. We are waiting for OCL assessment as well as fighting over access, custody and child support.

We retained counsel 6 months ago and are already over $20k in legal fees and just from motions and letters. Not much has been accomplished.

The other party is not budging and is being very, very unreasonable, not responding to allegations of fraud and misconduct, adjourning case conferences, outright fabricating testimony, not supplying any evidence or disclosure. There is such a massive volume of stuff in the file, there is no way a motions judge will get through it or that both parties will ever manage to settle.

This just seems like we need to cut to the chase and go straight to trial before we incur another $20k in back and forth over the next 6 months.

Can anyone share their experiences? Thanks
Ive had to get rid of my lawyer as it was costing too much. Its been two years but trial is in november.
I am divorced finally though. Our issue is finances. I was given sole custody.
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Old 09-17-2013, 08:42 PM
FrustratedPartner FrustratedPartner is offline
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[QUOTE=takeontheworld;148065]Ive had to get rid of my lawyer as it was costing too much. Its been two years but trial is in november.
QUOTE]

Does that mean you are going to trial self-represented?
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Old 09-17-2013, 08:56 PM
takeontheworld takeontheworld is offline
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[QUOTE=FrustratedPartner;148218]
Quote:
Originally Posted by takeontheworld View Post
Ive had to get rid of my lawyer as it was costing too much. Its been two years but trial is in november.
QUOTE]

Does that mean you are going to trial self-represented?
Yes :-(
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Old 09-17-2013, 09:00 PM
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What Province do you live in?

Sometimes you can avoid trial by going through binding arbitration (called different things depending upon where you live).

You could see if there are any certified "collaborative lawyers" in your area. I don't know much about that process, however, my lawyer told me he is one and I believe the object is to get things settled as quickly as possible.

I went through a binding JDR. It was in a conference room with our lawyers and the judge. You have to both agree ahead of time that you accept that the judge's decision is final and binding. 30 days prior we had presented our cases to judge for review. I liked the process as it was less formal and the lawyers had to behave themselves. At the end of the day we adjourned for an hour and then the judge came back and read the decision to us. Then we moved into a court room where the judge was robed and it became "official."

I think the process I went through was good as it didn't leave any time for silly crap - just main issues. We saved tens of thousands. Sadly though, my ex has taken me to court for past 3 yrs trying unsuccessfully to have it overturned so money saved with JDR has been spent 3 fold since then.
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Old 09-18-2013, 03:24 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
You could see if there are any certified "collaborative lawyers" in your area. I don't know much about that process
Collaborative family law involves both lawyers working to negotiate a settlement, and both parties agree to retain different counsel before bringing the matter to court.

The purpose is:
- Both parties understand the goal is to reach a fair and cost effective settlement, in good faith;
- Both parties (and lawyers) understand the financial consequences of failing to settle (parties pay new lawyers to catch up, lawyers lose clients if fail to settle).
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Old 09-18-2013, 03:36 PM
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If you're in Alberta, I have heard nothing but good about the binding JDR process, as an alternative to court. I went through collaborative law (mentioned below) rather than going to court, but wouldn't recommend it unless you have a very engaged and co-operative ex.


Quote:
Originally Posted by arabian View Post
What Province do you live in?

Sometimes you can avoid trial by going through binding arbitration (called different things depending upon where you live).

You could see if there are any certified "collaborative lawyers" in your area. I don't know much about that process, however, my lawyer told me he is one and I believe the object is to get things settled as quickly as possible.

I went through a binding JDR. It was in a conference room with our lawyers and the judge. You have to both agree ahead of time that you accept that the judge's decision is final and binding. 30 days prior we had presented our cases to judge for review. I liked the process as it was less formal and the lawyers had to behave themselves. At the end of the day we adjourned for an hour and then the judge came back and read the decision to us. Then we moved into a court room where the judge was robed and it became "official."

I think the process I went through was good as it didn't leave any time for silly crap - just main issues. We saved tens of thousands. Sadly though, my ex has taken me to court for past 3 yrs trying unsuccessfully to have it overturned so money saved with JDR has been spent 3 fold since then.
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