Husband Wins Big at Divorce Trial
Husband defeats wife's alimony and reimbursement claims
Our family law firm defeated a wife’s reimbursement claims against her husband. The husband prevailed on every single issue in the divorce case.
Husband retained our firm one week before his trial date in his divorce case. We filed an ex parte application to continue trial to allow us time to prepare our client’s position with respect to all issues set for trial. Wife unsuccessfully opposed our request and the trial was continued for 2 months.
Within those 2 months our divorce attorneys assessed each trial issue. We believed our client’s position was correct on every issue. We were able to show, through our investigation, that the facts supported our client and so did the law.
Consequently, we immediately approached wife’s counsel with a settlement proposal. It was a fair and balanced proposal that eliminated wife’s absurd reimbursement claims. We took the time the explain to wife’s lawyer why she had no such claims and why she had no legal entitlement of spousal support. The two of them were married for 5 years and had already been separated for 2 years. We explained that the husband’s separate property claims entitled him to 100% of the estate and wife had no entitlement to the three parcels of real estate and other property.
Wife and her lawyer refused. They were unreasonable and wife’s lawyer was, in our opinion, obstructive. Wife and her lawyer demanded money, lots of it. We would not give in to their tactics. We, with our client’s consent, offered a small sum of money to avoid the trial legal fees. This was essentially to avoid the costs of trial but wife and her lawyer would not be reasonable. Later, they would regret that decision.
Our firm prepared our client’s trial documents and showed up ready for trial after wife had opposed our request to continue trial 2 months earlier. It was a lot of attorney work to do in a short amount of time, but it paid off for our client. That is because wife’s lawyer did not prepare trial documents and showed up scared at trial and asking for a continuance just months after opposing our reasonable request for a continuance to get up to speed on the case. Wife’s counsel had been on the case since its inception and should not have needed more time than our firm to prepare for trial.
Wife’s counsel was given a 6 month continuance of trial by our assigned trial judge (who frankly didn’t seem interested in conducting a trial on any matter anytime soon). We kept our client’s billing to a minimum and came back to court 6 months later still ready for trial.
After hearing our opening statement at trial the court dispensed with formal testimony and the procedural formalities of a contested hearing and asked wife’s lawyer to make offers of proof and arguments, if any, to convince the court why our legal positions and conclusions in the case were wrong and/or why they should not be adopted by the court as final orders at trial. Wife’s lawyer could not do so because our understanding of the law and application thereof to the facts of the case was completely correct. Wife never even testified at the trial; neither did our client.
The Court ruled entirely in our client’s favor, adopting every requested order we requested for in our trial brief, and then ordered our firm to prepare the formal judgment, which we did and which was entered. Husband won big.