I am the Petitioner in my divorce. There are no children of marriage I had work Comp injury 12/26/04, received settlement shortly after seperated(Nov 1 2008,together since99) paid debt and supported myself and daughter, setlemnt monies are gone. I am on disability at 43yr. Asking for maintenance to replace medical insur. he has carried on me since 05. my income from disability is 1500/mo ,with all other bills I can't afford insur and was denied medicaid. Husband atty is asking me to write a detailed stmt on what my position is for Trial Mgmt Cert. Sttated I was asking for $300.00 for 2 yrs. She is very demeaning, requests for interogr.and docu BS, harassing. Trialmgt cert was due 4/24, hearing on 4/30 needto know how to respond to her request for details and do stand chance for main
First -- I am sorry you find yourself in this predicament. I am sure you have dealt with some of the emotions that arise during the dissolution process, but that does not make the overall process any easier.
In the JTMC, you want to be specific and concise. Because there is an attorney on the other side, he or she will likely be required to send youa copy of their JTMC draft. This will give you a feel for what there areguments are and certainly serve as a primer should you disagree and want different relief. If the attorney forgets to mention one particular area of dispute, you get to add it to the JTMC. keep in mind that the attorney does not get to change what you want incluided and you don't get to change what the attorney wants included.
Make sure you list all witnesses you may call.
For guidance on the inclusions in a JTMC, look at Colorado Rule of Civil procedure 16.2. it is available on line.
As for maintenance, Mr. Leroi nailed the court's analysis -- and I agree. THe trend I am seeing in metro Denver is judges are looking for ways to avoid maintenance awards by making disproportionate property divisions. What does that mean? It means that if a spouse may be entitled to maintenance, the court gives that spouse more property and makes no maintenance award, the theory being that extra property can provide disposable cash for the needs of the spouse. Likewise, a non-maintenance award keep the parties out of the court in the fuiture to modify maintenance as a non-award is not likely to be modified (short of fraud!!).
Finally -- you do not answer to the other attorney. You need not meet the demand of providing a detailed statement. You simply make sure the court understands your position.
Navigating these waters without counsel is very, very difficult. Most attorney can work with credit card payments. I would suggest you find someone (like Mr. Leroi or other highly rated attorneys on this site) to help you. Without children, your case is not extraordinarily complex and a good attorney opught to be able to get up to speed relatively quickly.
I wish you all the luck in the world.
It is unfortunate that you have gone this long without an attorney with a "pit bull" attorney on your husband's side. You should be as detailed as possible designate what you want out of the permanent orders hearing, what witnesses will be called to testify, the case law and statutory law that you are relying on, etc. in the Joint Trial Management Certificate.
It is hard to predict maintenance. It is totally within the judge's discretion. Some judges totally are opposed to maintenance and rarely grant it, some almost always grant it, and most are in between. It depends on the length of the marriage (13 years in this case would seem to support it) and the ability of both parties to work, as well as whether there is sufficient property to distribute to avoid the need for maintenance. Every case is very case specific and hard to tell without looking at the financial affidavits of both parties.
I have 20 plus years of experience and hired a couple of attorneys to handle my divorce for the objectivity and to reduce the stress emotionally on me (although it was a huge financial burden). I simply do not know how you are doing this on your own.
You want to be as clear and detailed as you can be regarding what you want and why you believe you are entitled to it. The judge will review this section in particular before the hearing and the better he or she understands what you are looking for and why you are entitled to it, the better.
There is no set formula for permanent maintenance. Therefore, even with full facts regarding your situation and the finances you and your husband have it would be impossible to predict exactly how that issue will be decided. Without knowing what your husband's financial picture is, as well as yours, it is not possible to give any opinion regarding the appropriate spousal maintenance order.
In the JTMC, be specific and concise. The attorney on the other side is required to send you a copy of the JTMC draft. This tells you their arguments and is a template for your arguments in areas of dispute. You add all your witnesses, exhibits and arguments to the JTMC. The attorney does not get to change or edit what you want included and you don't get to change or edit what the attorney wants included.
List all witnesses you may call.
The rule on the JTMC, is Colorado Rule of Civil Procedure 16.2 which states: If at least one party is represented by counsel, the parties shall file a joint Trial Management Certificate 7 days prior to the hearing date or at such other time as ordered by the court. Petitioner's counsel (or respondent's counsel if petitioner is pro se) shall be responsible for scheduling meetings among counsel and parties and preparing and filing the Trial Management Certificate. The joint Trial Management Certificate shall set forth stipulations and undisputed facts, any requests for attorney fees, disputed issues and specific points of law, lists of lay witnesses and expert witnesses the parties intend to call at hearing, and a list of exhibits, including updated Sworn Financial Statement, Supporting Schedules (if applicable)and proposed child support work sheets. The parties shall exchange copies of exhibits at least 7 days prior to hearing.
As for maintenance, see Mr. Leroi's analysis.
If mediation has not been attempted, it may provide better solutions than those available to the judge in resolving your case.
Good luck.
