he filed for divorce about 7 mts ago. and apparently things are not going fast enoug for him. we have a pretrial on friday, and he said that his lawyer is going to ask for a trial date. my lawyer told me that pre trials are just to let the judge know that we have made some kind of progress, and it does not mean that we have to go to trial. he also told me that trials are very expensive, and that it is much better to settle out of court. can my husband force me to go trough a trial?
2006-08-09 17:09:46 · 17 answers · asked by lilou 3 in Family & Relationships ➔ Marriage & Divorce
yes, he can if you do not agree to his terms, then he can ask for a trial, and there is nothing that you can do. Be careful, all I ended up with was the clothes on my back, and some of my mothers stuff that she had willed to me. he ended up with all livestock, the trucks, the house, and everything in it, and everything else. Make sure that your lawyer is working on your side.... Good Luck and I hope you rake him over the coals...
2006-08-09 17:15:39 · answer #1 · answered by Just Me 6 · 0⤊ 0⤋
If you refuse to settle (out of court), the other party can take you to trial. Trial is expensive, but the only option if you cannot both agree. The best bet is to estimate how much you think you will get from a trial decision and see if you can get the other party to agree to settle close to (or over) that amount.
2006-08-10 00:56:14 · answer #2 · answered by ManOfTheHour 5 · 0⤊ 0⤋
He can force you to trial. But, if you can settle then trial is avoided.
You can countersue for lawyer's expenses - but most of the cases I have heard of people I know, it usually doesn't work out.
Another option is mediation. Mediation is not as expensive and works if there are specific disputes to help resolve the divorce case quickly and without trial. We had specific issues to resolve and the mediation worked out for the best and fair solution.
2006-08-10 00:14:44 · answer #3 · answered by ami 4 · 0⤊ 0⤋
My X pushed for settlment out of court. I believed everything he said. He said I would go broke, I wouldn't stand up well in court, I would make a fool of my self. It wouild destroy the kinds if we went to court.
If your husband is the one who filed will he have to pay your court costs? Will you get more money from him, if you go. Don't as him because he is not on your side of things.
Make sure you have everything documented when you go to court. Don't let the attorney and your soon to be X push you into doing things tha tyou don't want to do.
I lost all the money I should of gotten becasue I signed out of court. I was a fool. I signed papers I never should of signed.
See if you can get the judge to make my husband to pay your court fees.
contact me if you need any questions or some support.
Be strong
2006-08-10 00:26:41 · answer #4 · answered by clcalifornia 7 · 0⤊ 0⤋
You need to get your attorney to listen to you. Tell him you don't want to go to trial and ask him what you need to do in order to prevent it. It sounds like your attorney is not giving you all the facts of what you need to do. If this is the first time you are appearing in court, what the heck do you need to be there for? The attorney's can set the date to finalize the divorce. By that time you will need to have worked out your settlement agreement. Get your stick out and don't let that attorney take you for a ride.
Sounds like your attorney just wants to get more money out of you. Take charge.. He works for YOU! Not the other way around.
2006-08-10 00:17:16 · answer #5 · answered by mwmn35 3 · 0⤊ 0⤋
Best to settle out of court..
Sounds like a jack*** to me no wonder you are divorcing him..
He can push for a trial but he might just be cutting his own throat.
Good Luck!!
2006-08-10 00:16:46 · answer #6 · answered by DeeDee 4 · 0⤊ 0⤋
it really depends on who is the plaintiff, and on what grounds this action is filed under, it is better to settle out of court but if it is damage control then perhaps having a judge decide the issues gives him an advantage ie...custody,child support,ailimony, division of property, if he's the plaintiff he could force the case to trial,just by not cooperating with you.
2006-08-10 01:56:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No reason to go to trial unless you are fighting over something. Stop fighting and sign the papers then nobody goes anywhere.
2006-08-10 01:21:13 · answer #8 · answered by dappersmom 6 · 0⤊ 0⤋
If you give him everything he wants then there is no need to go to trial.
2006-08-10 00:12:45 · answer #9 · answered by 3 Card 4 · 0⤊ 0⤋
I believe he can but if you can come to an agreement on this divorce then do it, but what the heck is the hurry does he want to marry someone else?
2006-08-10 00:15:43 · answer #10 · answered by angel_64 3 · 0⤊ 0⤋