| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 390.1 | | MKOTS3::RAUH | I survived the Cruel Spa | Thu May 09 1996 10:07 | 21 |
| Johnnybegood,
First get your self a copy of 'Alice in Wonderland', then read it. And
remember when you in court, your before the Queen of Harts. 'Off with
his head! Off with his head!'
File an apearnce first if your getting rid of your attorney. Make sure
that you have notified all parties, including the court. And then, make
certain you have all your paperwork together before you walk in. Last
but not least. And I will capitolize these words case they are very
very important.
1. NEVER LET ANY ATTORNEY, EVEN YOURS GO INTO THE JUDGES CHAMBER
WITHOUT YOU. IF THEY DO, FIRE THEM.
2. MAKE SURE YOU HAVE A COURT RECORDER GOING WHEN YOU START
PROCEEDINGS. YOUR CIVIL RIGHTS DEPEND UPON IT.
3. RE-READ 1 AND 2.
|
| 390.2 | What it's like | CSC32::HADDOCK | Saddle Rozinante | Thu May 09 1996 10:45 | 31 |
|
The hearing will go much like any other trial. Both parties present
"Opening Arguments". The "plaintiff" presents their case first, and
their witnesses. You have a chance to cross-examine their witnesses.
Then the "defendant" presents their case and their witnesses and the
other side has a chance to cross-examine.
Then both parties present "closing arguments".
The biggest problem is to 1) keep your cool, 2) keep careful track of
what is going on, and 3)plan what you are going to do next----all at
the same time. Make lots of notes to yourself both before and during
the process. Make sure you don't leave anything out, or, if you lose,
you'll be haunted by "if only". This is your one chance. Make it
count. It's the mental equivalent of combat. Every nerve, every sense,
alive and on edge, your mind going 90 mph trying to keep up and analyze
everything that is happening and planning your next move all at the same
time. Remember the deck is stacked against you. One mis-step can blow
the whole case to hell and gone. You have to pitch a no-hitte, a
perfect game, to have any chance to win, and even then you may lose.
"Evidence" is hard documentation and witnesses, including "expert"
witnesses, and you can take the stand in your own behalf if you want.
If the only thing you have is your "she said she did", you'll lose.
At this point your custody of your son may be your biggest asset.
Any documentation and witnesses you can present that will attest to
your care of him will be a big plus.
fred();
|
| 390.3 | | MKOTS3::RAUH | I survived the Cruel Spa | Thu May 09 1996 12:33 | 5 |
| Johnnybegood,
To bad yha didn't go to the local Fathers group before you got to this
point. 8^<
|
| 390.4 | | QUOKKA::39702::SPICER | | Fri May 10 1996 12:14 | 29 |
| Some points that have been missed so far - in a divorce trial what the other
party said to you is not admissable unless it was:
A. said in front of a third party (it's better to call them as a
witness if it's really important to your case)
b. was a threat (this word gets a LOT of use in a divorce trial)
The female divorce case is based on motherhood and apple pie, why
change the situation and he's being difficult (trying to get out of
child suppport or whatever).
The male divorce case is based on she's not fit, and the man always
loses because short of killing the child the law supports the view that
children ought to be with Mom.
My recommendations are:
1. You need a lawyer at a trial. There's just too much going on and in
any case you are too involved.
2. Build the strongest case you can with a very real downside to her,
make sure that's clear and then negotiate.
Martin
|
| 390.5 | A FIGHTING DAD | QUOKKA::34136::AVERY_BR | brett Avery | Thu May 23 1996 16:42 | 28 |
| If you do not have a lawyer and are looking for a "good"
lawyer, I would suggest that you take time off work, go
down to the court house and sit in and watch how some of
the lawyers are. Are they aggressive enough..?? Are they
fighting for their client..???
I make this suggestion, because the lawyer I had "knew"
what to expect from the Judge, so she did not "fight" as
hard for me it seemed. (she is no longer my lawyer) I am
now my own lawyer, because my kids are older (17yr girl,
and 11yr boy/girl twins and WANT to be/live with me. But
try convincing a Judge that what they say is what they
want)
The first time I did handle my own case, the lawyer before
me, had gotten his client, a male, an increase in child
support from his EX, even though his EX had recently lost
her job, and was only getting unemployment.. This lawyer
had a PC and did the DISSOMASTER (which they use in Calif.)
on his PC, and showed the Judge that although she lost
her job and was receiving unemployment, her child support
payments were still low for what she was going to be bringing
home with unemployment.
My point is this guy did his homework and really fought for
his client.
brett
|
| 390.6 | Good Luck! | QUOKKA::17576::PERRY_W | | Fri May 24 1996 14:48 | 13 |
|
I wish you lots of luck!!! You have courage.
I represented myself for my last court appearance for my divorce.
I took many vacation days from work to sit in and observe court
protocol. I was successfull only to get a court order for
my former to drive 1/2 way when I had my children on alternate
weekends.
You should probably get a laywer for custody unless your case is
very strong, if she married a convicted child molester or something
like that.
More men should fight for custody! Bill
|