Trial this Friday 3/5/10


#1

Hi,
I hired a lawyer 1 yr. ago after trying mediation. After 1 yr. I told my lawyer that we needed a court date for a trial because we were going in circles .My husband fired 2 lawyers and will now be representing himself in court. No jury .My lawyer said the trial could last 1 or 2 days. This will cost me over $2,000.00 a day. How can I make sure that I will walk away after my trial with a settlement of some kind?
Another quick question.
Will the judge look at the number that my retirement pension is worth before or after taxes? WE are looking to make a wash between my pension and 2 pieces of commercial property.
Thank you,
Wendy


#2

If you are going to trial, there will likely not be a settlement. The judge will hear the evidence presented and make a ruling in the case.

How the judge will evaluate your pension will depend on the circumstances in your individual case.


#3

How can I get back all this extra money I have spent paying my lawyer because my husband has fired 2 lawyers and now representing himself. My husband is stalling and dragging this divorce out. We were to go to trial Feb. 28th but now April 16th is a conference with the judge. I have been burdened with extra counsel fees and want my lawyer to get me some of this money back. How can I get my lawyer to do that? What does he have to do?
My lawyer prepared a statement of proposed disposition for the trial do we bring that to the conference or should we bring a formal settlement agreement to try and bring closure to a year and a half of going nowhere.
Thanks ,
Wendy


#4

Your lawyer needs to file a motion for attorney’s fees. You may bring your proposed distribution with you to the pretrial conference and attempt to settle the case at that time.