Mandatory Settlement Conferrence

i am no longer being represented by a lawyer due to my current financial situation. my husbands lawyer wants a mandatory settlement conference set for this month..what does this entail? we have 3 children together, have been separated for 4 years. we have temporary divorce papers which we have been abiding by since mid june of 99. he told our kids they are going to live with him and told me everything is going to change. i am afraid, i don't know what to do. can i ask him for financial aid for the divorce, if so, how? he helped in june of 99. i am a good mother, have been home since the birth of our first child and am now in school training in the medical field. please help me. any advice is greatly appreciated. thank you.

[I AM ALWAYS LIABLE]

Originally posted by D Ann
i am no longer being represented by a lawyer due to my current financial situation. my husbands lawyer wants a mandatory settlement conference set for this month..what does this entail? we have 3 children together, have been separated for 4 years. we have temporary divorce papers which we have been abiding by since mid june of 99. he told our kids they are going to live with him and told me everything is going to change. i am afraid, i don't know what to do. can i ask him for financial aid for the divorce, if so, how? he helped in june of 99. i am a good mother, have been home since the birth of our first child and am now in school training in the medical field. please help me. any advice is greatly appreciated. thank you.

My response:

1. Tell us your State name.

2. Tell us the name of the County where the action is filed.

3. Choose one question or issue that you'd like us to respond to.

IAAL

i live in california. the divorce was filed in ventura county. i am now representing myself. my husband's lawyer is asking for a maditory settle conference set for this month. what do i do first? and how would i do it?

thank you.

[vrzirn]

Run to Legal Aid and get an attorney. Bring him all the disclosure forms, taxes, financial papers, pension files, mortgage statements, etc. that you can find. Do NOT show up at that conference until you have someone with you to keep you from getting murdered. Do not sign or agree to anything until an attorney assures you it is in your best interest.
It is much more difficult to undo than to do!

[I AM ALWAYS LIABLE]

Originally posted by D Ann
i live in california. the divorce was filed in ventura county. i am now representing myself. my husband's lawyer is asking for a maditory settle conference set for this month. what do i do first? and how would i do it?

thank you.

My response:

Most courts require that long cause family law cases be set for a mandatory settlement conference (MSC) shortly before the assigned trial date. Each party and his or her trial attorney must personally attend (unless excused by the court) and be prepared to negotiate in good faith for a resolution of the issues. [Ca Rules of Court Rule 222]


Rule 222. Mandatory settlement conferences

"(a) [Settlement conference before trial] A mandatory settlement conference may be held in all long cause matters before the date set for trial.
(b) [Other or additional conferences] On the joint request of all parties or by order of court, other or additional conferences may be held at any time.
(c) [Persons attending] Trial counsel, parties, and persons with full authority to settle the case shall personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.
(d) [Settlement conference statement] No later than five court days before the date set for the settlement conference, each party shall submit to the court and serve on each party a mandatory settlement conference statement containing a good faith settlement demand and an itemization of economic and non-economic damages by each plaintiff and a good faith offer of settlement by each defendant. The statement shall set forth and discuss in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party and comply with any additional requirements imposed by local rule."

A MSC usually is not held until all discovery has been completed and the parties know what evidence is likely to be presented at trial (theoretically, at least, when the cards are "face up on the table"). In the usual case, this means the MSC should be held very shortly before trial.

If you want to put the "brakes" on from going to an MSC at this time, then serve Form Interrogatories for dissolution cases. And, then, serve a Demand for Production of Documents after the answers to the Interrogatories are served to you. You'll have to use your computer to do this on your own - - there are no forms for this purpose. This will effectively delay an MSC for up to 70 or more days, while giving you more time and information to prepare for your eventual MSC.

But, at some point, an MSC will be ordered. Therefore, for this form, and all the other forms and instructions that you're going to need, I would suggest that you go to your local Barnes & Noble Booksellers bookstore and buy a "how to" book on the subject.

You must read and follow the directions and instructions VERY carefully; i.e., much like you "didn't do" when you wrote your post by leaving out your State name.

Good luck to you. Ventura is a tough county, whether for Family law or other Civil cases. Judges are extremely conservative, and are sticklers for the Court Rules. Make sure all of your I's are dotted, and your T's are crossed. I'm not kidding.

IAAL

[vrzirn]

Although the response by IAAL contained the correct advice in legalese and listed the pertinent rules, I seriously doubt if the poster's mental state will permit her to concentrate on the answer, let alone follow specific guidelines for the required forms.
That is tough stuff even for someone who is not distraught.
She appears to need hand-holding and a Legal Aid attorney can serve that purpose.

[I AM ALWAYS LIABLE]

Originally posted by vrzirn
Although the response by IAAL contained the correct advice in legalese and listed the pertinent rules, I seriously doubt if the poster's mental state will permit her to concentrate on the answer, let alone follow specific guidelines for the required forms.
That is tough stuff even for someone who is not distraught.
She appears to need hand-holding and a Legal Aid attorney can serve that purpose.

My response:

I thoroughly agree with your assessment.

However, it is highly doubtful that she'll be able to obtain the services of a "legal aid attorney" - - both, because their offices are usually jam packed to the gills with files, and because they wouldn't take our writer's case at this point in the litigation even if they did have an available attorney.

Legal Aid attorneys also have very stringent income rules and, while we don't know our writer's income and expenses, it is highly doubtful that she'd fall into the "indigent" category since she lives in Ventura County, where the median income is $25,000.00 per year. She might, but it's doubtful.

She might do better with a book, or using a paralegal service - - the former being a lot cheaper than the latter.

Good luck, and thanks for pointing out the above information.

IAAL

[I AM ALWAYS LIABLE]

My further response:

I just had another thought, and I have to thank "vrzirn" for keeping me thinking of other avenues.

Seriously, our writer lives very close to Pepperdine University. She could drive there and go into their huge law library building, up the hill near the top with a great view of the ocean, and start asking some of the students in there if they would be interested in "a project" - - especially from those that are 4th year, and who have already decided on Family Law as their specialty. The good ones can at least help her with the paperwork - - not represent her.

Who knows, our writer could get very lucky if she spends a couple of hours making some discreet inquiries. Worth a shot ! The worst that could happen is that she's asked to leave.

IAAL

[vrzirn]

Ecellent, practical suggestion from IAAL.

As long as you are at Pepperdine check to see if they ;have a womens legal service. some Univeristies do. I know Rutgers does. Also, there may some students who would like to make some extra cash and help in the process. There are often many people who work in the law libraries who are esxtremely helpful..

Can she write to the judge asking for an extension? I think it is worth a try. I don't see any reason why her ex would not be respnsible fo rher attorney fees especially if she has never worked.

I don't suggest you start wo;rking any time soon. How old are your children? Don't forget they need their mother home with them.

Sounds as though your ex wants to move on tao other things, quite suddenly.

Check to see if there is a pro se organization in your area.
Good Luck and let us know if we can help.