Did any of you go to trial?
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Did any of you go to trial?
| Tue, 11-06-2007 - 9:26am |
My brother and I are very close, and he is going through a nasty divorce.
They have court next week, and he still doesnt even know what her fight his. He has asked for the kids 50/50 and while we know she doesn't agree with the idea, she has not replied to his request with what kind of visitation she does want.
Anyway...my question is...have any of you gone to trial or did you all settle.

It's really her attorney's job to contact his attorney with her demands. It's too bad that s/he has not done so. Since her attorney has not done so, there could be numerous reason why. It may be that they are trying to drag it out for some reason, ie, if she has sole temp custody, she may want to keep that for as long as possible. If I were him, I would be asking my attorney to keep on her attorney for a response.
I assume that his attorney has a list of her witnesses. Given that, he should be able to look at this and get some idea of where her "side" will be going during the trial. It may be that his attorney already has some idea by seeing the witness list.
As far as how long it takes, I'm not sure if you mean how long to get into a courtroom or how long the trial itself takes. It depends on the jurisdiction as to how long it takes to get into the courtroom. I can tell you that for me, it took close to two years. What happened in our jurisdiction is that we would be scheduled to be third in line for a judge and courtroom the first time we were scheduled. If the first or second on the list needed to judge and courtroom, we would get bumped up to being second on the list for the next trial date. The third time, we were first on the list. We had to be scheduled three times to get into a courtroom.
How long the trial takes depends entirely upon the circumstances of each trial. It depends on how many witnesses, whether any of the witnesses are children and are taken into judges chambers, how long of a day the judge puts in, etc., etc. I had about the same number of witnesses lined up that his stbxw has, but not all of them ended up testifying. In the end, I think I had five witnesses who actually testified. He had one witness. (BIG mistake on his part since she had a serious mental illness, and her testimony was totally discounted.) Then, there is how good the attorneys are. If they are good attorneys, they will most likely take longer to question witnesses than bad attorneys. Most trials last one day, but I've heard of trials that go up to three days.
Hope this helps and hope all goes well.
I am unable to give legal or medical advice. My opinions are based on my experiences and my personal research.
It's really her attorney's job to contact his attorney with her demands.
I thought so, I know his atty has sent a few requests, but has received nothing. I thought that was odd and you confirmed it.
I assume that his attorney has a list of her witnesses. Given that, he should be able to look at this and get some idea of where her "side" will be going during the trial.
They do have the list and it appears that they are all character witnesses for her behalf...which I assume will be for the custody situation. He is only asking for one more day a week then he currently has...to me it seems silly to go to trial over that.
Most trials last one day, but I've heard of trials that go up to three days.
This kind of answered my question...although I know you cannot provide a definitive answer. Thanks for your reply, it was insightful. No one we know has ended up at trial and while his atty keeps saying that she doesnt think it will go there...we're not so confidant. Fortunately, he is a good man with nothing to hide...she on the other hand is quite the partier...and we have heard she has been doing drugs. If it does go to trial he will be asking for a drug and mental health eval...it would really surprise me if she were dumb enough to take that risk. She's had 2 men since he left...one who lived with her...another who would just sleep over...and now the first one is back in the house with the kids...does she really want that brought up in court??
Anyway, thanks again. The info was helpful and I hope for the kids' sake, they can come to a settlement.
As far as I know, his attorney should be asking for a drug and alcohol screening in a hearing prior to the trial. Hearings and trials are two different things. A hearing is to ask for something specific such as a drug and alcohol screening, an independent custody evaluation, etc. A trial is to go over all the evidence and for each party to provide witnesses to uphold their case. Not sure I'm explaining that right.
According to Wikipedia:
"A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments."
I am unable to give legal or medical advice. My opinions are based on my experiences and my personal research.
Well, they have a "pre-trial conference" next week...maybe it will be requested then? I think by next week we'll know for sure whether its going to trial or not...
honestly...I think she is being duped by her lawyer...I dont think there is a case or much of an argument but her atty is dragging this out (for $$