UrgentAdviceNeeded
07-24-2005, 08:06 PM
My friends case is unfolding like a nightmare.
Divorced a year, ex husband had every other weekend visitation with kids.
All assets fairly divided. They used mediation to reach the agreement and both agreed and signed.
Ex husband launched a suit full of lies and the state gave him 50% visitation without hearing a single concern. The state also granted the set aside motion throwing out the entire original division of assets due to his claims of "no disclosures exchanged".
Disclosures WERE exchanged in full but my friends lawyer did not include those forms in her defense, instead going into detailed information about the mediation sessions which showed he was lying. Mediation sessions are inadmisable as evidence, a 20 year lawyer should have known that! The forms were NOT shown in defence leaving the judge no choice but to grant the ex husbands request based on his LIE that they did not exist. My friend has 10 days to appeal the set aside ruling and is stuck with an incompetent lawyer and very afraid. How do appeals work in this situation ?
It seems straight forward, provide evidence that the declarations WERE exchanged to show he lied but the problem now is a set aside has already happened. Will those documents be accepted during appeal? She is very afraid that the judge will simply decide to keep his original decision. The judge was not impressed with her lawyer.
Divorced a year, ex husband had every other weekend visitation with kids.
All assets fairly divided. They used mediation to reach the agreement and both agreed and signed.
Ex husband launched a suit full of lies and the state gave him 50% visitation without hearing a single concern. The state also granted the set aside motion throwing out the entire original division of assets due to his claims of "no disclosures exchanged".
Disclosures WERE exchanged in full but my friends lawyer did not include those forms in her defense, instead going into detailed information about the mediation sessions which showed he was lying. Mediation sessions are inadmisable as evidence, a 20 year lawyer should have known that! The forms were NOT shown in defence leaving the judge no choice but to grant the ex husbands request based on his LIE that they did not exist. My friend has 10 days to appeal the set aside ruling and is stuck with an incompetent lawyer and very afraid. How do appeals work in this situation ?
It seems straight forward, provide evidence that the declarations WERE exchanged to show he lied but the problem now is a set aside has already happened. Will those documents be accepted during appeal? She is very afraid that the judge will simply decide to keep his original decision. The judge was not impressed with her lawyer.
