What is one important thing to do before getting married?
Mr. Nagpal has it right: if you can settle the various matters regarding the end of your marriage amicably, you can both save money. Money that goes to your lawyer and your spouse’s lawyer is money that will not go to either of you. Whatever issues you decide to “fight”, keep in mind how much it will cost you.You’re ending your marriage, even if you can’t settle amicably as Mr. Nagpal suggests, keep his idea in your mind. As much as you can, try to let go of the things that are making you angry about your spouse or your marriage. Don’t do things during the course of your divorce that will fan the flames of anger in your spouse. In turn, if your spouse does things that make you angry, take a breath and, as much as you can, let that anger go. Angry people want to “fight” in family court. Fighting in family court costs a great deal of money.Family court (or whatever they call it in your area) is not about justice. No matter who did what in your marriage, it’s not going to be made right in family court. What that system will give you is an end to your marriage and some kind of decision on asset distribution and child custody (if you have children).
Subpoena duces tecum for a mediation hearing - not before a judge?
There is such a thing as court (or statute) ordered mediation, the "binding" part is not relevant, the court (or statute) wanted the parties to work something out and avoid a trial Since the poster didn't provide us will the cause of action, we can only guess. The subpeona is valid, and you do have to produce the actula documents. If you don't , you will suffer the consequences. Generally, the courts view a party that doesn't comply with discovery, aparty with something to hide. Whatever you don't produce, as instructed, will be assumed it favored the other party and assumptions can be made (happens all the time in tort cases, the mysterious disappering records) You (in the plural sense) need an attorney. You have no grounds to "quash". Confidential information can be redacted from the documents by the court , if they are motioned properly and the court agrees. You have no legal duty to protect the names of your customers. The case doesn't have to docketed. In dscovery, it is usually the parties attorneys that subpeona. Beleive me, you do not want the other party to go to the court with a motion to compel.
What Should I Expect from Child Custody Mediation?
I have recently been asked to go to mediation regarding the custody of my 6 year old daughter as my wife has filed for custody. Our daughter has been living with me for 5 years. My story real quick: Ex-Wife has been in and out of our daughter's life for 5 years. Moved away to attend college for 1 year, was deployed for 1.5 years and has been away on voluntary military training for past 2.5 years. Training ended last month and magically she wants to be a mommy again. In between, there has been a couple of affairs, overnight visits with married men and her signing away physical custody to me 2.5 years ago so she could attend her flight school about 9 hours away. 2 years ago, I moved about 4 hours closer to her flight school. She approved of it then, but now she has a problem with it. She recently bought a house in the town I live in. Currently, my wife has EOW and one day during the week. She follows it for the most part after I called police when she decided she wanted to keep our daughter for a couple of weeks. My question is what to expect from this mediation? I have serious issues with this woman's ability to provide a stable (from a physical, emotional and psychological standpoint) environment for our daughter. She hasn't been a constant part of our daughter's life for 5 years and has played the part of "fun mommy" while I have been portrayed as the "bad guy" who keeps our daughter from our mother. I don't even know if "mother wants to be a mommy once again" as a material change of circumstance. There is no real MCOS from my end. Since my wife has been gone, my daughter has excelled in school, I did my whole PhD while working full-time and moved closer to family. Can I just tell the mediator that I have serious issues with her ability to provide a stable environment for our daughter and I would like to see if she can provide it? Can I tell them that 50/50 at the current time is unacceptable at this juncture and I have no qualms seeing her in court? My wife also wants child support from me (She pays me about $300/month), but owes me about $2,000 from CS and insurance she was supposed to provide. Can this be addressed in mediation? I know they want things settled in mediation and I don't want to be difficult, but this is my daughter's future and the stable environment that I have established for our daughter. Any insight on your experiences would be greatly appreciated. Thanks.
Private seller purposefully lied about condition of vehicle, what recourse do I really have?
1. YES they did in fact lie about their names. Their actual names do NOT match the name on the title of the car. 2. I'm not a moron, my boyfriend is. Thanks. 3. I don't care if a used car by private seller is always "as is" when it is NOT legal in the state of Nevada to avoid disclosing any problems the car has and deny so when asked. 4. I know there should have been a vehicle inspection. I wasn't there to begin with thank you. 5. I have already sent them a copy of the certified letter through mail, 10 days to respond Basically the point is you have people deliberately falsifying information and jumping title. So with that I'm hoping the judge will make an example of them. Dishonesty isn't illegal (well, in some cases) but fraudulent activity definitely is. And taking advantage of people is ethically wrong, although we will see what ends up happening in court. hopefully they will just get scared due to their extreme guilt and attempt to work through mediation instead.
Getting served divorce papers but can't afford an attorney help!?
Hi guys, okay here's my deal. My spouse and I have been seperated for 2years now and about 4 months ago he filed for divorce. The only problem is he has a lawyer and I can't afford a lawyer at this time. I have custody of the children so I want to make sure that everthing is secure with them for there future. He refuses to settle matters out of court or with a mediator (as far as I know he doesn't any assets to benefit from) and we no longer own a home (he foreclosed on the home to move out) Right now i'm avoiding getting served, but I would like to know if it's possible that the court would give me a court appointed attonery or If i'm just screwed....p.s. I make just enough not to quality for pro bono work...go figure...thanks
How do injury lawyers settle out of court?
There is no standard process. Ultimately, the case is settled when both sides decide the the case is “worth” about the same amount. Part of that process is conveying relevant information to the other side. A plaintiff for example will want to include all medical records, all medical bills, all documentation regarding lost income, property damage and need for future medical care and any other claimed damages. The plaintiff’s lawyer will also provide a legal analysis of the evidence relating to defendant’s liability and raise eon other relevant factors.The defense counsel then responds with information relating to the defendant’s analysis of liability and damages. Usually, much of this information's in agreement, but usually there are areas of disagreement.As each side identifies the areas of disagreement, they work to resolve or minimize the areas in dispute. This process can consist of interviews or depositions parties sad witnesses, accident reconstructions, medical evaluations, vocational rehab evaluations and economic reports.If the case settles then that means that the parties are too far apart in their respective evaluations of liability or damages. Those differences are resolved, if necessary at trial.Quite often, the parties will agree to informal settlement discussion or perhaps supervised or court ordered settlement discussions or mediations. As a practical matter, most of the time the parties come relatively close to each other at some time prior to the trial and, at that point, the case settles.
What are the pros and cons of divorce mediators vs divorce lawyers?
As other answers have pointed out, these are different roles. The attorney works for you whereas the mediator works with you both, not for either of you!However, in my 10 years as a mediator with significant experience in family mediation, I always want my clients to have independent legal advice on the agreements under discussion.The attorney’s role is to provide advice rather than to engage in correspondence with the other side towards making their legal case (they can do that if mediation fails to reach settlement) BUT the attorney is vital in ensuring that a party understands their legal rights, their obligations to and from them, and the effect of the proposed agreement upon their future rights. Attorneys are part of our mediation process and are kept informed as to progress in mediation when they can’t attend negotiations.The role of the mediator is to guide parties to agreeement, making sure that their concerns are heard and understood. Some mediators will attempt settlement negotiations quite quickly while others will meet the clients a few times to discuss and clarify all issues before attempting to reach settlement. It really depends on the style of mediation being used (transformative, facilitative, evaluative) and the nature of the conflict and underlying issues. My preference is to meet several times over a week or two, and to give parties time to think and reflect on their interests and positions, in consultation with their legal advisors where the legal context needs to be explored.Depending on competence the mediator may draft either a heads of agreement which is engrossed into a formal contract or deed by the parties legal advisors, or draft the agreement themselves which is then reviewed and amended by the parties legal advisors, working with the mediator to ensure it matches what was agreed in principle between the parties, until the agreement has been finalised and can be signed.I view the role of attorneys in mediation as a collaborative process with the mediator to help resolve the dispute to their clients’ satisfaction.
What Makes A Lawyer WANT To Take A Case Pro Bono?
Sorry, but I've never known of an attorney who WANTED to do anything pro bono! For your second question, I would tend to believe that there is something in it for the attorney. Even if it's a bit of poon-tang!