Cache,
What does this statement mean:
“My attorney seems real hesitant about setting it up for trial.”
How does one setup for trial?? What are you expecting of him??
I found info concerning GA divorces on the following site:
http://www.georgiadivorce.net/divorce-process.html
Step-by-step process if a divorce goes to trial
Step One: Filing a Complaint or Summons
Step Two: Pretrial Orders
Soon after the complaint is filed, the Plaintiff's attorney will file Pre-Trial Orders. These orders are formal motions, which attempt to resolve any disputes, which may arise concerning living arrangements, finances, temporary custody, and visitation. This will hasten the entire process, allowing each party's attorney to concentrate on information pertinent to the actual divorce proceedings. Following the filing of the Pretrial Orders, the judge will instantly clarify the immediate future for both spouses concerning temporary arrangements. It is important to bear in mind that the temporary arrangements are by no means set in stone, and do not necessarily directly influence the final outcome of the divorce settlement.
In certain situations, this is also the point at which an ex parte order may be issued. This is a temporary order, which is essential for the protection of an abused spouse or child, until a permanent judgment can be made by the court.
Step Three: The Discovery Procedure
This is the process by which the attorney seeks to uncover vital information that the client has yet been unable to provide. There are a variety of legal tools a lawyer can employ to acquire such relevant and vital information. The most common of these would be the deposition.
A deposition is a statement, taken in writing, to be used to reinforce a position on a disputed issue in the divorce at a later date. It affords each side the opportunity to gain information from one another, as well as, any expert witnesses who may offer opinions regarding the disputed issues. An authorized reporter of the court is always present, to ensure that the questions asked and answers given may be verified at a later date. This is especially valuable, as it provides for the testimony of a witness recorded in a deposition to be presented in court as evidence even if the witness is not present in court at the time of the hearing or trial.
Step Four: Negotiations
Once all of the relevant information desired by each side has been acquired, negotiations may begin to resolve the contested issues. It should not be forgotten that an out-of-court settlement may be reached at any point in time throughout the entire legal divorce process. A good percentage of all divorces are in fact settled out-of-court, usually due to a mixture of negotiations, mediation, and arbitration encouraged and supervised by the legal professionals and the court.
Step Five: The Pretrial Hearing
Both sides will be interviewed in front of a judge or a panel of attorneys that will act as a mediator. The issues to be addressed at the trial will be given special attention, in order for the judge or panel to best provide knowledge and insight that might hopefully encourage both parties to reach an out-of-court settlement.
Oftentimes, during the pretrial hearing, both sides begin to fully realize the emotional and financial expenses of a trial. This usually allows for a more rational approach to the negotiation process to be adopted than perhaps previously possible. As further negotiations develop, more than one pretrial hearing may be held.
Always bear in mind that the attorneys involved are invaluable in advising their clients, but in the end it is the individuals who must agree to accept the terms of a settlement.
Step Six: The Trial
The following are the common legal procedures, which take place at the trial:
1. Opening Statements - A summarization delivered to the judge by each attorney stating what they intend to prove in the body of their respective cases.
2. The Plaintiff's (Petitioner's) Case - The side that originally filed the Complaint for Divorce delivers evidence to support claims declared.
3. The Defendant's (Respondent's) Case - The delivery of evidence that denies or contradicts claims presented in the Plaintiff's case.
4. Rebuttal by Plaintiff (Petitioner) - A response to the Defendant's case.
5. Rebuttal by Defendant (Respondent)- A response to the Plaintiff's case.
6. Closing Arguments as presented by each side.
7. The Final Decision or Judgment is handed down by the court.
Okay, it would seem that you are ready to get to Step FIVE: pre-trial hearing…
It actually may be possible…
Step Two: Pretrial Orders
You have no pre-trial motions??
She has filed no pre-trial motions??
If she has then you are SOL… You have to sit around and wait for a ruling and/or hearing on her motions…
Step Three: The Discovery Procedure
Your attorney will not allow you to skip this step.. This is where you find out what she is going to say at trial. This allows you and your attorney to determine what “evidence” you need to bring to trial…
Step Four: Negotiations
Looks like her side isn’t going to negotiate so no sense spending lots of time on this step…
This actually works in your favor… My ex negotiated (in bad faith) for years.. The judge wouldn’t rule that we were ready to go to trial as long as they were willing to negotiate…
Consider yourself lucky…
You really can’t afford to go to trial… BUT doesn’t look like you have a choice..
If the opposing party will not return phone calls, your attorney can file a motion to have the discovery dates set by the judge…
I had to do this… You should know that once you make the judge intervene, the dates will be set in stone… You asked for the dates, you can’t turn around and say “well your honor, I am testifying in DC so that date isn’t good for me”..
I had a judge tell me, miss that date you forfeit and a professor telling me, miss that date and forfeit… Life $ucks.. So be prepared…
Upon completion of discovery.. You should have your trial date…
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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