Settlement offer as a dirty trick?

EconomistVisible2767 · 2024-11-14T16:19:00+00:00

It's a game of chicken. If she has competent representation, her lawyer is LIKELY (?) coaching her how to slam on the brakes at the last minute to max out her deal.

Or she's just a fucking moron who will drive off the cliff. It happens.

No-Tomorrow8150 · 2024-11-14T02:53:58+00:00

98% of cases work this way to settle even on the day of trial. The judge will even hold off starting a trial if a deal is in the works. It does not seem like you understand the process or how to negotiate. I’m sorry to say it that way but you need to understand so you can play hardball.

FUMoney · 2024-11-14T00:00:56+00:00

Is this entire settlement offer a distraction to keep us from preparing for trial?

It absolutely could be.

Can they withdraw offer last minute, leaving my lawyer with no time to write trial briefs?

Yes. Could happen. Settlement negotiations are confidential. And trial judge would be completely in the right to deny any continuance request and demand you proceed with trial at your appointed day and time for trial.

When it comes to things like Congress and the courts, including trials and settlements, there is a consistent piece of wisdom: "Nothing is done until everything is done."

A settlement offer means nothing. Your agreement via email means nothing. Unless and until you have an appropriate settlement document, executed by both parties, and filed with the Court -- you don't have jack shit. It's all hot air -- and totally inadmissible in court -- until everything is agreed to, signed, and docketed with the Court.

Proceed accordingly. Finally, don't agree to a bad deal. If it is unfair, proceed with trial. You're already there.

captainchippsixx · 2024-11-13T19:25:48+00:00

You can always bring it up In court if it happens. They have not be Working in good faith your honor. We were very close to an agreement to avoid using the courts time……..

You cannot play fair. A lot of guys take the high road and get slammed in the end.

NothingIsEverEnough · 2024-11-13T16:48:44+00:00

Settlement is still so much better than court, especially if you both agree. Imagine with a three day trial might cost you.

techrmd3 · 2024-11-13T15:34:17+00:00

eh happens all the time. I think you are over estimating your OC's chances before a Judge.

Judges DO NOT want to have final hearings and will punish BOTH parties for wasting his time.

So don't be so sure that OC is going to have a good hearing or outcome. Nominally unless one party is CLEARLY out of line the Judge makes sure the lawyers and clients both have an equally bad day in court.

It sounds on the surface that this is the proverbial "settlement on the courthouse steps" type of thing (which happens in courthouses worldwide, few people want to roll the dice on a trial).

the hen advice is interesting. I have heard of such "strategies" when both parties are on the road to a settlement and BANG! one party brings up some out of norm demand. In practice it's not done much at all. Both the OC and your counsel have a working relationship to keep up well beyond your current case. If OC last minute tries something shady you can always direct your lawyer to say "see you in court then".

For what it is worth. I HATE these kinds of shenanigans. All this "game" really does is drive billable hours for the Two Lawyers to charge to get ready for a case that they BOTH know "wink wink" will be settled before a hearing.

Your lawyer likely got into the act by claiming "oh man your wife hired X terror of the courtroom, he/she is going to do this and THAT! boy we got a battle on our hands!"

as spongebob says ... 12 months Later...

"well he/she was a terror but here's what I got negotiated, he/she is so tough... can you believe they dragged this out 12 MONTHS! goodness... at least I got a BMW.. er I got you a 50/50 split :)"

a week later these two "'Adversary' lawyers are having cocktails together expensed against DADS EARNED MONEY he paid in legal fees to both lawyers!"

It's a racket

jkw118 · 2024-11-13T14:03:19+00:00

So 1st off they can withdraw at any point, till it's signed. Most of the time, people are trying to avoid the courtroom, and will try and agree to something beforehand. alot of times up to the day of, from what I read. My ex dragged ours out for almost 5 years.. (covid didn't help)

Once it's in the courtroom the dragging it out, and petty stuff gets exposed. Some courts do not like this, and realize that the past tricks may not look good in court, and will put them at a disadvantage in the courts eyes. But the court will be fair, but for ie. with my ex there was adamant that she had to have certain furniture items, since I was getting the house. This is after I'd paid off 25K of debt she'd run up, and would be paying her 50K for her share of the house (originally when we separated her share was 2K.. house value, and me paying mortgage caused it to go up by almost 100k.. But hey I also paid her spousal support so I shouldn't have had to pay her 35-45K of that.. But I did to avoid courts, avoid the additional 5-10 years of her dragging it out. And to be done with her..

Boomhower113 · 2024-11-13T13:48:27+00:00

You are right to be wary. Your divorce sounds much like mine.

We had a deal for mine and two days before the settle-up hearing where I hand our agreement to the judge we tried to make a correction to the document that actually favored her.

They came back the night before the hearing, called the correction a counter offer, and walked out in the deal. It was at the end of the month and she wanted another month of payments out of me.

Nothing is done until the judge signs it.

HerbEverstanks · 2024-11-13T13:38:53+00:00

Mine offered a settlement on the 3rd day of a 5 day trail after having 3 judges and 3 different lawyers (2 sued her for non payment) after 3 and a half years.

She wanted me to pay her over 20 years for a 10 year marraige over $800k. She admitted that it will get her to an early retirement.

It's a gamble to see if a judge will be "fair" or to say, "Mr. ___(your name here), this is the state of _(your state here), and you are going to pay __(insert cheating gold digger stbxw name here)!!"

Title	Settlement offer as a dirty trick?
Author	No_Pace2396
Upvotes	9
Comments	12
Date	November 13, 2024 1:25 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1gqct77/settlement_offer_as_a_dirty_trick/
Archive Link	https://theredarchive.com/r/Divorce_Men/settlement-offer-as-a-dirty-trick.1535657 https://theredarchive.com/post/1535657

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