One of the most difficult issues involves delaying Court proceeding in expectation that the other side is going to agree. Most frequently this is fueled by a desire of the client not to go to court or the feeling of the client that the other side will be reasonable. First, going to Court is not all that bad. Secondly, the other side frequently delays for strategic reason (which is usually bad for you). Finally you must accept the fact that your spouse may not settle because of spite.

I recently had a client delay going to court because he thought that his spouse was going to be cooperative in selling the house. In fact, all that happened is the sale of the house was delayed for several months — exactly what his spouse wants.

I have seen other cases where a spouse simply cannot believe that his or her spouse will not eventually agree to settle. They keep delaying, delaying, and then are surprised when the case is called for trial and they are unprepared.

I have found the easiest way to settle an issue is get the case prepared, set a trial or hearing date, make a reasonable offer, and then be prepared to let a Judge decide the issue if the other side will not timely settle.

This past week I helped a fellow attorney select a jury in a case where the children when they were with mom had a large number of tardies and absences for no apparent reason. We lucked out with the jury panel. One of the members of the panel was a principal. I got to ask her about a dozen questions about the effect of tardies and absences on children. While she was not selected for the jury, she got the point across to the jury — parents who cannot get their children to school on time or allow their children to stay home for no real reason are damaging their children’s education.

WILL MY SPOUSE BE ENTITLED TO SOME OF MY RETIREMENT AFTER OUR DIVORCE?
 WHAT CAN I DO TO PREVENT MY SPOUSE FROM GETTING SOME OF MY RETIREMENT AFTER OUR DIVORCE?
 

BY JOHN K. GRUBB
 Almost all retirement plans fit into one of two categories:  a defined contribution plan or a defined benefit plan.  A defined contribution plan is like a saving account — you and sometimes your employer make contributions to a plan or an  account which you may use for your retirement.  Some examples of defined contribution plans are 401k plans, 403b plans, individual retirement accounts, and Roth IRAs.  A defined benefit plan is one where the employer or union agree that when you reach a certain age, you will receive a monthly stipend.