QUESTION
My husband and his attorney are refusing to participate in a settlement conference, is trial the only option left?
Asked on Nov 20th, 2012 on Divorce - New Jersey
More details to this question:
Parenting plan agreed via mediation. He's trying to amend his child support that he defaulted on. He moved to VA and took the vehicle, which is in his name, and feels I should be paying something to him for it. They won't inform me of what it is he wants out of this. We do not own a home, stocks, etc. I feel a lawyer is not needed but may be necessary to move this process forward.
14 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you need an attorney who can help you move this along.
Answered on Apr 30th, 2013 at 3:06 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes if they won't settle.
Answered on Apr 30th, 2013 at 3:06 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your feeling is correct, you need an attorney.
Answered on Apr 30th, 2013 at 3:04 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the court ordered a settlement conference, they are required to participate. The case should still be set for trial, in case the conference is not successful.
Answered on Nov 24th, 2012 at 9:53 PM
File a memo to set the case for trial. The court will then schedule a mandatory settlement conference. If the case doesn't settle at that point, a trial will be scheduled within a month of the settlement conference. Don't wait for cooperation. force it.
Answered on Nov 21st, 2012 at 1:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If they won't participate in the settlement conference your case will go to trial. You should hire an attorney.
Answered on Nov 21st, 2012 at 12:56 PM
Yes. Call me. Hourly rate is $175.
Answered on Nov 21st, 2012 at 12:52 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Some judges will order the parties to mediation, in some areas of the state they do not. If there is no settlement agreement, a trial is the only avenue for resolution. Hiring a lawyer would be a good idea.
Answered on Nov 21st, 2012 at 12:51 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Yes I'd they don't want to participate.
Answered on Nov 21st, 2012 at 12:51 PM
If you husband has a lawyer and you don't, rethink your situation. It is never a good idea for a non-attorney to up against an attorney in a legal matter. Right, wrong or otherwise, you are outmatched.
Answered on Nov 21st, 2012 at 12:50 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Child support can not be modified retroactively in Michigan and is based on income of both parties along with other factors. Consult with a lawyer to discuss these issues further and make sure your position is properly raised to the Court.
Answered on Nov 21st, 2012 at 12:50 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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Was the parenting plan signed in Mediation? After mediation, there is what the court calls a "return" and a date to return is set usually about 6 weeks after the order to mediation. It is hard for me to give you very much guidance regarding support, I don't have enough information, however any prior child support he owes cannot be modified; if he's missed several months, I'd prepare a motion to reduce the arrearages to judgment. Depending upon the facts, including how long ago the child support order was entered, he has the burden to show that something has changed and he no longer makes the income that the support order was based upon. Regarding the auto, he has it, he pays for it.
Answered on Nov 21st, 2012 at 12:49 PM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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I agree with you. I think your husband's attorney is trying to stonewall you as you are not as familiar with the legal divorce process. You can request the Court to send the case to mediation, but you will probably need an attorney there as well.
Answered on Nov 21st, 2012 at 12:48 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Generally, a party in a divorce case is strongly encouraged by the Judge to engage in good faith settlement negotiations. The Judges have ways to motivate people to participate in settlement conferences but they cannot actually force someone to negotiate in good faith. I think your instincts are good about him being unreasonable and it could very well be that your husband has decided to refuse to negotiate with you because he thinks that he can steamroll you when the case goes to trial since you do not have an attorney.
Answered on Nov 21st, 2012 at 12:45 PM