the judge would like us try a settlement? what does this mean?

[Cindergretta]

What is the name of your state? Georgia

i have filed for legal separation and have not lived here long enough to file for divorce, in another month or so i can. but we had a hearing to follow up with the ex parte hearing and temporary custody orders and the judge would like us to try settlement. we agree on some things and there are just some things that we are not agreeing on and "ain't" going to agree on. so what happens then? do we have several hearings to figure these things out? or is there only a final hearing? would we have the option of going to trial? can the judge "make" us settle? to prevent us from going to trial? like can a judge issue an order that says that we "have to" settle? does this all make sense? thanks.

 

[seniorjudge]

What is the name of your state? Georgia

i have filed for legal separation and have not lived here long enough to file for divorce, in another month or so i can. but we had a hearing to follow up with the ex parte hearing and temporary custody orders and the judge would like us to try settlement. we agree on some things and there are just some things that we are not agreeing on and "ain't" going to agree on. so what happens then? do we have several hearings to figure these things out? or is there only a final hearing? would we have the option of going to trial? can the judge "make" us settle? to prevent us from going to trial? like can a judge issue an order that says that we "have to" settle? does this all make sense? thanks.

The judge wants you to settle because he is hoping that if you settle, then you will be happy with the terms. If you do not settle, he will make all the decisions and you will not be happy.

 

[Cindergretta]

seniorjudge, that didn't really answer my question because most people aren't happy with their settlements either even if a judge isn't involved. i am inquiring about the process because i don't want to pay $250.00 an hour to ask my attorney. thanks.

 

[seniorjudge]

Q: we agree on some things and there are just some things that we are not agreeing on and "ain't" going to agree on. so what happens then?

A: The things you cannot agree on will be decided by the judge after you have a contested hearing where each side presents its case.


Q: do we have several hearings to figure these things out?

A: There may be several hearings, but the dockets are so crowded that I suspect the judge will tell y'all that you are getting x number of hours to present your cases and, upon the evidence presented there, the judge will make the decision.


Q: would we have the option of going to trial?

A: The hearing is the trial.


Q: can the judge "make" us settle?

A: No, but he can certainly strongly urge it.


Q: like can a judge issue an order that says that we "have to" settle? does this all make sense?

A: Some courts have settlement conferences. The lawyers (no judge and no parties) will get together however many times and try to hammer things out. The judge may keep sending you to settlement conferences and then reporting back. Other jurisdictions have the judge conduct a settlement conference without the parties there; just the lawyers. The judge may give the parties some indication of how he is going to rule if the parties do not settle.


Final word: settle. Terms worked out by the parties are more likely to be adhered to by those parties.

 

[Cindergretta]

ok that was what i was looking for. by the way are you actually a judge?

 

[seniorjudge]

by the way are you actually a judge?

Yes

 

[Cindergretta]

i assume you are a judge in the family courts? how long have you been a judge? have you dealt with domestic violence cases? what state are you in? are you male or female?