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Trial approaching and refusal to settle

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J

justseparated

Member
What is the name of your state (only U.S. law)? VA

My divorce trial is less than a month away. My ex dropped his attorney and is representing himself to avoid paying attorney fees. We worked on custody and property issues for the last 9 months or so, and were able to agree on some of the issues. Communication between him, me, and our attorneys has not been easy, as I imagine it often happens. Now that we're in agreement on may of the issues, I'm asking him to try to settle before trial, I can't afford paying for the trial myself. He's refusing to settle and says he will not sign anything now that he doesn't have an attorney (I understand the point, but it was his choice to drop the attorney). I know that's just my opinion, but it seems like he's doing it out of spite to make me pay while he's not. Can I bring up his refusal to settle in court?
 


S

Silverplum

Senior Member
justseparated said:
What is the name of your state (only U.S. law)? VA

My divorce trial is less than a month away. My ex dropped his attorney and is representing himself to avoid paying attorney fees. We worked on custody and property issues for the last 9 months or so, and were able to agree on some of the issues. Communication between him, me, and our attorneys has not been easy, as I imagine it often happens. Now that we're in agreement on may of the issues, I'm asking him to try to settle before trial, I can't afford paying for the trial myself. He's refusing to settle and says he will not sign anything now that he doesn't have an attorney (I understand the point, but it was his choice to drop the attorney). I know that's just my opinion, but it seems like he's doing it out of spite to make me pay while he's not. Can I bring up his refusal to settle in court?
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It's not against the law to refuse to settle.

And, just as it is his choice to drop his attorney, it is your choice to keep paying yours.
 
O

OHRoadwarrior

Senior Member
If you both come to an agreement you like, ask him to draw it up, so he is satisfied with it. Review it yourself, to make sure you are satisfied. Show it to your lawyer, to see if they approve. If all three are green lights, ask your lawyer to draw up an agreed upon entry. Everyone sign it and have your lawyer file it.
 
J

justseparated

Member
OHRoadwarrior said:
If you both come to an agreement you like, ask him to draw it up, so he is satisfied with it. Review it yourself, to make sure you are satisfied. Show it to your lawyer, to see if they approve. If all three are green lights, ask your lawyer to draw up an agreed upon entry. Everyone sign it and have your lawyer file it.
Click to expand...
Thank you, this is exactly what I'd like to do but he's refusing to.
 
B

Bali Hai

Senior Member
justseparated said:
What is the name of your state (only U.S. law)? VA

My divorce trial is less than a month away. My ex dropped his attorney and is representing himself to avoid paying attorney fees. We worked on custody and property issues for the last 9 months or so, and were able to agree on some of the issues. Communication between him, me, and our attorneys has not been easy, as I imagine it often happens. Now that we're in agreement on may of the issues, I'm asking him to try to settle before trial, I can't afford paying for the trial myself. He's refusing to settle and says he will not sign anything now that he doesn't have an attorney (I understand the point, but it was his choice to drop the attorney). I know that's just my opinion, but it seems like he's doing it out of spite to make me pay while he's not. Can I bring up his refusal to settle in court?
Click to expand...
Sounds like you both need to be in agreement on ALL the issues before he commits. Sweeten the pot or let the judge decide.

And NO, he won't be sanctioned by the court for not agreeing with YOUR terms of settlement.
 
Zigner

Zigner

Senior Member, Non-Attorney
Bali Hai said:
Sounds like you both need to be in agreement on ALL the issues before he commits. Sweeten the pot or let the judge decide.

And NO, he won't be sanctioned by the court for not agreeing with YOUR terms of settlement.
Click to expand...
Nobody said anything about sanctions Bali.
 
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