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Author Topic: Trial tomorrow  (Read 2133 times)

momoftwinz

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Trial tomorrow
« on: Sep 13, 2004, 10:35:02 AM »
With Referee Mack in Hennepin county--

Not sure what to expect-- my attorney hasnt even called to go over details...

Things are pretty cut/dry
from what I can see....but who knows...anyone been thru a trial before.

We have only on asset - that is in my name-- the house everything else was divided and agreed upon. There is no retirement funds or anything monetary--just BILLS up the WAZOO and in particular a car loan that I cosigend for STBX on and my wages are being garnished 600.00 a month for. The vehicle was returned to the credit uniion and sold and the remaining balance is what they are going after my wages for. We do have 2 kids that I have had with me-- and I was ordered temporary custody of-- STBX takes them on his own whim and pays me no support. Other than this there is nothing...lawyer said it should be over within an hour -- what do you think?




momoftwinz

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Arent final orders supposed to be issued in a trial??
« Reply #1 on: Sep 17, 2004, 01:41:00 PM »
I need this explained to me--

The Ref - asked me attorney to send a proposed decree to STBX (hes prose) and my attorney has 10 days to do this and then STBX can reply within 13 days of that if he disagrees to anything - then Ref looks things over and some sort of final document comes from that? In this case do we sign anything? AND Im waiting on the Quit claim deed to sell my house??
I walked out of the trial very confused???

Can anyone tell me whats going on?

spinner

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RE: Trial tomorrow
« Reply #2 on: Sep 18, 2004, 12:01:37 PM »
how did it go ?

spinner

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RE: Arent final orders supposed to be issued in a trial??
« Reply #3 on: Sep 18, 2004, 04:27:42 PM »
I sure can explain that to you, I was too really confused when my trial came by.

few things to understand: judges and lawyers make money on your (and ex) back. Basicaly the judge ask your lawyer to be his secretary (and bill you for it) and write it up so he can review it.

There is one advantage to this is that you can write what you want in it (your attorney for you). Judges know that they won't be able to talk about everything but your attorney know all the issues to put in it.

The way a trial works is that it is a time to ear on record testimonies and other BS. The judge can then "rule from the banch" they rarely do. So if they don't then they go into deliberating and come up with an order. Often because they are leasy and also if the issues of the divorce aren't really contested they ask the attorneys to do the work for them.

After your ex lawyer review it and argees (or send it back to your lawyer to get changed) (note the 2 lawyers make money doing that) the judge (or the ref) has then 90 days to put his signature on it or change it. 99% of the time though he will sign it since you already agreed.

Then after that you can appeal this all BS for 30 days (ex too)

that's about it.
Let me know if you want more details. The thing you and your ex need to understand is that since you agreed you did cut the cost of lawyers big time. And these greedy bastards want you (and ex) money. So don't hesitate to tell him to give the proposed order to you. Go see your ex. have a coffe, butt head on it, ... (without lawyers) make the changes yourself to agree with ex since you asked your lawyer for the proposed order on a disk. (let him write the draft though, plenty of technical terms). Once you agreed with ex, give it back to lawyers updated and ask them to sign.

Remember, he (and your ex attorney) drive a Mercedes because you pay them :)

Hope this all help

PS: sorry for the bastard lawyers, there are some nice ones out there not just bastards. Mine was a really nice guy.
PS2: also consider that if you are still married jan 1st 2005 then you have a different status than if you get the order before december 31st


Lawmoe

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Minnesota Answers at http://www.divorceprofessionals.com
« Reply #4 on: Oct 07, 2004, 01:18:22 PM »
Minnesota Answers at http://www.divorceprofessionals.com

Referee Judy Mack is generally fair minded in her resolutions, although she can come across as rather abrupt and curmudgeonly.

When you arrive, counsel will likely meet with Referee Mack first to discuss what issue remain unresolved. If there is a chance of resolving them, the parties may discuss those issues.

Once the trial starts, the Petition proceeds first and establishes the jurisdictional issues before being questioned by his/her counsel on the underlying issues.

"What assets exist?"
"What is its value?"
"WHy do you believe it is worth that much?"
"What do you want the Court to do with that asset?"

Your attorney may cross examinge their witnesses and vice versa. Once thePetition is done presenting their witnesses and their case, the respondent proceeds in the same fashion.



 

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