Court this week

[Noelle_71]

What is the name of your state? What is the name of your state? Tx


Hey everyone.
Well, my final hearing is this week and truly I am not worried at all about the outcome. The only thing that I have a question about is this.
I know that my ex has lied in the discovery. He lied in the social study and he lied during his previous testimony in court. He admitted to the judge that he had given incorrect information and the judge let it slide.
At any rate, I know that I'll get to keep my child, that the minimum visitation is what he'll get (he doesn't want more).
The thing that is bugging me is this.
I feel like this whole lawsuit was unnecessary. From the get go I wanted to settle and what we *are* settling for, a year later and so much money spent on my part..is exactly what I offered to settle for a year ago.
I'm still wondering how to I get it across to the judge that he's lied and lied? Am I allowed to show the discovery responses and then show the true information? Will the judge even care?
You know, we hear that perjury, lying on an affidavit, all of this is punishable but it doesn't seem to get punished. I feel like all this was done to harrass me. I truly feel like the judge should know all this and that my ex should have to pay attorney's fees, but everyone tells me that its a pipe dream. I truly do not understand, when it's clear (to me anyway) that my ex was doing this to prove that he could and to cause me financial issues.
Has anyone *ever* been in this type of situation? How does anyone address a judge to explain their feelings over something like this.
Am I just being overly emotional and wishful?

 

[stealth2]

How does anyone address a judge to explain their feelings over something like this.

One has their lawyer address it by petitioning the court regarding legal fees.

 

[Noelle_71]

One has their lawyer address it by petitioning the court regarding legal fees.

Well, yes, but you know, I just imagine sitting there, biting my fingers, wanting to add this and that. I guess thats where you just give your lawyer all your info and hope they tell it all.
I just don't want to walk away from this upset that enough information wasn't given.
Trust your attorney I guess. *shrug*

 

[graybeard1952]

Someone is always lying in a divorce; the judge has to decide who isn’t. My XW lied about everything. I told my side and the judge’s reactions were the same for my story as hers. The end result was, I got everything, primary custody, house, car and CS. The primary custody was enough for me the rest is gravy. Let it go and move on.

 

[weenor]

Make sure your attorney is asking for fees, he/she would remiss if they do not. This is entirely up to the judge's discretion, but you won't get if you don't ask. Certainly evidence that ex's behavior protracted the length of the lawsuit causing unnecessary expense is a reason for the judge to grant your request. However, again it really is up to the judge.

 

[stealth2]

However, it may be too late to ask at this point. Generally, atty's fees are requested in the original filing (or the response, as the case may be).

 

[weenor]

However, it may be too late to ask at this point. Generally, atty's fees are requested in the original filing (or the response, as the case may be).

You are right in general, however, you can make the request after any event requiring additional work (i.e. additional hearing or appeal). The only time it is really a problem is if the lawyer makes no request at all until the final hearing because it will irritate the judge. Hopefully OP's lawyer has already asked.

 

[Noelle_71]

You are right in general, however, you can make the request after any event requiring additional work (i.e. additional hearing or appeal). The only time it is really a problem is if the lawyer makes no request at all until the final hearing because it will irritate the judge. Hopefully OP's lawyer has already asked.

I do know that in the original response the fee's were addressed.
I guess I was naive during this whole process. I insisted on telling the truth when I *knew* my ex was lying. I assumed that under the threat of perjury anyone would tell the truth. Boy did I get a wake up call. Still, I will never lie, I just don't have it in me.
After all this, I really have lost a lot of faith in the whole system. Sure, I've got what I wanted from the get go, what I had before and what he had before. It's just that it seems so unjust that I had to go through this fight, when I didn't want to fight. I'm just really hoping (and thats the reason for this post - insight) that the judge pays attention to some bit of info that convinces him of that fact. That my ex was stringing this along and I was willing, from day one, to give him what he asked for.
What I was asking is..even though I trust my lawyer, I wonder if there is something I should tell that might turn the tide. His lawyer has a grudge against me because they are related. At the beginning of this proceeding, the lawyer was brought in and my attorney asked that he be removed from the case. The lawyer lied to the judge and said he had never met my ex, but turns out that they are related via my ex's marriage. I was hoping that would matter to the judge.
I'll let you all know what happens.
Thanks for listening.

 

[stealth2]

Why would it matter that his attorney is related to him? If he was related to YOU, that would be an issue.

 

[Noelle_71]

Why would it matter that his attorney is related to him? If he was related to YOU, that would be an issue.

No, no, it doesn't matter if the attorney is related to him. What mattered was the attorney was asked, point blank if he knew his client before he was brought onto the case and the attorney said "No".
The attorney had known the client for over a year before this. The point was, the attorney lied to the judge.

 

[dbd]

whether or not a client is related to their consel is irrelevant.
If on the other hand he was related to the presiding Judge,that would be a no no!
even if the Judge was operating accordingly to law,ethics would prevent it.
An attorney on the other hand has an obligation to fullfill his contract with his client,despite whether the attorney agrees or not(you are not paying for his consel).
As far as that goes a defendant may have anyone as their consel,wives,friends,relatives,and one is allowed to represent ones self in pro se(ones own behalf)of course one would be related to ones self.
The Judge would have to establish the relavance as to the question,which appears not to exist,therefor any answer that the attorney gave to the Judge whether it was true,or false,is privilaged information.
Better yet,it would easily be made moot.

 

[Ohiogal]

whether or not a client is related to their consel is irrelevant.
If on the other hand he was related to the presiding Judge,that would be a no no!
even if the Judge was operating accordingly to law,ethics would prevent it.
An attorney on the other hand has an obligation to fullfill his contract with his client,despite whether the attorney agrees or not(you are not paying for his consel).As far as that goes a defendant may have anyone as their consel,wives,friends,relatives,and one is allowed to represent ones self in pro se(ones own behalf)of course one would be related to ones self.
The Judge would have to establish the relavance as to the question,which appears not to exist,therefor any answer that the attorney gave to the Judge whether it was true,or false,is privilaged information.
Better yet,it would easily be made moot.

More bull. An attorney does not have an obligation to fulfill his duties regardless. An attorney has a duty for zealously represent his client but he does not have to do anything he believes is unethical or illegal. Both of those are short fast routes to being disbarred. Also an attorney can withdraw from a case if a client is not taking his advice. Another point is that an attorney cannot allow perjury.
As for any answer an attorney gives a judge -- it is not privileged. Because ex parte communications between an attorney and a judge are unethical.
Oh and your comment about a defendant may have anyone as consel (what the heck is consel????) is also not correct. I will let you try to figure out what is wrong about that statement.
Do you have ANY legal background?

 

[Ohiogal]

What is the name of your state? What is the name of your state? Tx


Hey everyone.
Well, my final hearing is this week and truly I am not worried at all about the outcome. The only thing that I have a question about is this.
I know that my ex has lied in the discovery. He lied in the social study and he lied during his previous testimony in court. He admitted to the judge that he had given incorrect information and the judge let it slide.
At any rate, I know that I'll get to keep my child, that the minimum visitation is what he'll get (he doesn't want more).
The thing that is bugging me is this.
I feel like this whole lawsuit was unnecessary. From the get go I wanted to settle and what we *are* settling for, a year later and so much money spent on my part..is exactly what I offered to settle for a year ago.
I'm still wondering how to I get it across to the judge that he's lied and lied? Am I allowed to show the discovery responses and then show the true information? Will the judge even care?
You know, we hear that perjury, lying on an affidavit, all of this is punishable but it doesn't seem to get punished. I feel like all this was done to harrass me. I truly feel like the judge should know all this and that my ex should have to pay attorney's fees, but everyone tells me that its a pipe dream. I truly do not understand, when it's clear (to me anyway) that my ex was doing this to prove that he could and to cause me financial issues.
Has anyone *ever* been in this type of situation? How does anyone address a judge to explain their feelings over something like this.
Am I just being overly emotional and wishful?

Proving perjury is not just a case of showing third party evidence that someone lied. You have to show by the individual's own words that he/she lied. If you can do that, then have your attorney ask the court to recognize the perjury and award punitive damages to you for the behavior of your ex because by virtue of your ex lying this matter was strung out and interfered with the efficiency of the courts.

 

[Noelle_71]

Proving perjury is not just a case of showing third party evidence that someone lied. You have to show by the individual's own words that he/she lied. If you can do that, then have your attorney ask the court to recognize the perjury and award punitive damages to you for the behavior of your ex because by virtue of your ex lying this matter was strung out and interfered with the efficiency of the courts.

Thanks for the answer to the actual situation. I really do think that if this attorney had been truthful with the judge, the judge would have removed them from the case and this situation would have been a done deal a year ago. The attorney egged on my ex, based on the fact that they wanted to impress the family.
An attorney cannot allow perjury you said..there is perjury all OVER the discovery and the original affidavit (filing). Yes I can prove it. Does that count or is discovery not something that can be included as testimony? Perjurible (if that is a word) and what about the social study that the court has? If he lied in it and I can prove it, is that perjury?

Not addressed to you Ohiogal.., I appreciate the advice, but to the other person..
I don't need to hear that an attorney can represent anyone. I KNOW that. My inquiry was about attorney's lying, attorneys so involved in a case that they are risking their license to lie for their client as a result of those family ties. I suppose all I need to do is have the court reporters transcript pulled and have it read from, then have my attorney challenge the other.
Thanks for the advice.

Edited to add questions.

 

[Noelle_71]

The Judge would have to establish the relavance as to the question,which appears not to exist,therefor any answer that the attorney gave to the Judge whether it was true,or false,is privilaged information.
Better yet,it would easily be made moot

That doesn't make sense.