Lawyer appointment today. I learned a lot and maybe some folks here will also learn a thing or 2. Firstly, my lawyer said in his 16 years of litigation…NONE of his cases ever went to court. His cases are either settled or dismissed. He personally won’t represent a “plaintiff” in a case like this and refers them to other lawyers.
Secondly, my AoA case sounded weak to him. Both parties had separation papers in hand (though they disagreed on each others’) and lawyers had already been appointed. So he saw that the marriage was already on the outs and that he saw no real “damage to a viable happy marriage”.
She could still persue the suit if she wanted. The next step would be for him to write a letter on my behalf asking for their perceived settlement would be. He would then counter for a lower amount. If it was a no-go, then we would set a mediation date (boy that would be FUN)…with me, him, her and her lawyer. IF there was no agreement, then it would go to court. NOW…if you’re looking at money, you would have to weigh what you paid in to get to court and be represented as opposed to settling out of court. He never advises people to pay just to end it, but DOES IF he knows it would cost twice as much to litigate.
SO…we are in a holding pattern. He wants to see if they really file a suit. That would cost HER money to do so…so he advises we sit tight.