trial of merit
I am trying to retain another attorney. I met with one today and he said I should file for a trial of merit or merits? What does that mean?
He also stated that my ex needs a mental evaluation. My previous lawyer suggested this 2 times and it has not happened. What benefit will an evaluation do? I believe she is bipolar but I was under the impression that does not impact a custody case?
Curently we have joint physical/legal custody. We have been to court 2 times in the past 4 months. My ex did not abide by the first court order of 4 November, and she is not abiding by the second court order dated 2 Feb 2006. The judge put several stipulations on her, and she is already in contempt of those stipulations. I am worried going into a full trial.
1 Answer from Attorneys
Re: trial of merit
A "trial on the merits" is simply the final trial where the divorce is granted and all of the other issues dealing with custody, support, property, etc., are decided. As far as your wife is concerned, if she's not abiding by court orders, you need to file for a show cause order so the court will sanction her for this. With respect to her bi-polar condition, if this impacts upon the well-being of the children, it certainly would affect her status as a custodian. You are entitled under the discovery rules to have a mental examination by a doctor of your choice (and at your expense).