You gave me excellent information last week regarding Arms Length Transactions. I have learned much about it and I thank you.
I have no reason to be hopeful that the mediation
process scheduled this week will be productive and I anticipate going to trial mid July.
On the Consolidated PreTrial Order, her attorney listed her, my wife the Petitioner, as a person who would be “present”.
She is a mental case, certified with Dementia 13 years ago. I intend to try to expose her condition to the court in today’s frame of reference, arguing that she was not competent to enter into a contract with her attorney, and make a motion to the court to have her undergo a mental competency exam prior to continuing I know it’s a long shot, however, if I get her on the stand, she is likely to behave in such an emotional manner the court may be convinced.
My concern is: Her attorney will present his case regarding her claims of separate property, etc. by introducing documents and attempting to avoid putting her on the stand. Another reason I want to question her is to establish that I was her extensive and exclusive caregiver for the 20 yr. term of the marriage
If her attorney does not put her on to testify, do I still get to question her and if I do am I allowed to subject her to direct examination as well as cross? Just concerned if I will have full access to her. If not, do I need to subpoena her to ensure I do?
(Georgia is an Equitable Division state rather than Joint as in California so
establishing my position on all issues, which will be in direct conflict with her outrageous claims is very important.)