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Before you can make things better, you have to stop making them worse... Have you considered that being critical, judgmental, or invalidating toward the other parent, no matter what she or he just did will only make matters worse? Someone has to be do something. This means finding the motivation to stop making things worse, learning how to interrupt your own negative responses, body language, facial expressions, voice tone, and learning how to inhibit your urges to do things that you later realize are contributing to the tensions.
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Author Topic: Self representation  (Read 351 times)
sfbayjed
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What is your sexual orientation: Straight
Posts: 625


« on: February 26, 2015, 09:23:24 PM »

So, I ran out of resources and now have horrible credit because my ex refused a short sale and the old house foreclosed.  

I let my lawyer go, when I got the kids lawyer appointed. I actually thought she would advocate for them and for what they wanted, Nope. Unfortunately the kids lawyer is doing nothing at all and her solution was  to focus on the positive traits of the parents. I was hopeful she was right and that the ex would calm down. But nope .  She said she has done hundreds of cases but it seems like she has no experience with sociopathic types, or just doesn't get it. Maybe because she. never had to deal with one in her life, until now.

So for months I couldn't do anything, I would set aside time to work on it and I just couldn't do it. I would get anxiety just at the thought of reading all that stuff again. I finally got started though just recently. I think it has been a wash so far between how much I have saved and how much I have lost because of screwing up.  It is a learning curve for sure and it is hard to look at all the stuff, all the lies. and distortions. It amazing me how someone can make up such outrageous stuff about me and then sign that is it true under penalty of perjury.  

The cool thing now is I can file a declaration and respond to the lies without it costing me money. I am hoping to settle soon.  I am trying to position myself for a good settlement. I am sure my filings are horrible but I just cant pay anyone 300 bucks an hour anymore to make them look pretty.

The other thing my ex was an abuser for sure and she used "legal abuse" She really got off on calling the cops on me and trying to get me in trouble or just to harass me.  That is so mean. What the heck? She likes to harass me through the courts also.  Her mom even filed a frivolous law suite against me. So now I took that way. I can file or respond to as many motions as I like and all its going to cost me is a filing fee. I will even get that waved if I can. I can copy the formats from all the stuff I have.  I hope I don't screw up too bad,   I am learning on the property ___.  I want to be able to file at will when (if?) the kids need me too.  

Its, not a race, It is not a marathon, It is until the kids are 18.  That is the truth.
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livednlearned
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Who in your life has "personality" issues: Family other
Relationship status: Married
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« Reply #1 on: February 26, 2015, 09:50:13 PM »

Hi sfbayjed,

I came close to representing myself too. Even with a gatekeeping order from the judge, the legal abuse did not stop. I figured I would be living out of a shoe if it continued until S13 was 18. But I felt nervous going pro se because my ex is a former trial lawyer. And when I mentioned it to my L, she cut her fees in half and arranged things so I can pay small installments. She said take 20 years if you need. I have a really good L. She didn't want me to avoid doing something because of money.

Anyway. I learned enough being in court repeatedly to realize that judges tend to be very, very lenient with pro se litigants. Like practically cuddling with them. My ex, not so much, even though he was pro se. He was an L and was supposed to know better.

There is something else called pro tem. I think it's where you consult with an L, but they don't represent you. I'm not sure if it's only in certain states or if it's something that occurs in all of them. I'm not sure exactly how it works.

One thing I learned, too. The most important person in the courtroom is the clerk. Treat that person well. He or she controls the calendar, and handles all the correspondence, and a bunch of other things that can impact us. They look like innocuous people, but they are there to help and in all honesty, they run a whole lot of the show. They cannot give any legal advice or else they'll lose their job, but it's a very fine line and they can tell you a lot about how things work if you treat them with respect.

My L was ten thousand times better as a trial lawyer in court than I could ever be. That's the one place where you are at a disadvantage. A good trial lawyer can do things that takes year to perfect. Knowing how to present things, knowing what evidence to present, whether to work with the other L, plus a lot of other things, like whether the judges likes certain styles of litigation or not, and what their buttons are. For example, my L knew (because she invited all the Ls and judges to her holiday parties) that he could not tolerate divorcing parents who called each other names. A real Southern gentlemen type. So my L played that card. It seemed like the most benign thing in our case, but to the judge, it was a sign of a much bigger problem. He also did not tolerate parents who disparaged the other parent. Something that gets added to most orders, but rarely enforced. My judge had no patience.

Find out what you can about your judge. Ask other Ls to sum up the judge. That's a big part of what we pay Ls to know. Good ones, anyway. 

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