Please Help! Have no lawyer!

[PandaMuse]

Here's the background. My fiancee and his ex girlfriend were together for about 12 years. He has his own business and had purchased a house while they were together. Both of these items are solely in his name. During the last 4 years they were together they lived in seperate rooms. She is working part time, and is more than capable of working full time with the skills she acquired due to the schooling that HE paid for.

They broke up 2 years ago. 3 months after the break up she served him stating she wants spousal support and the house and some sort of settlement based on all of his assets. (I am unsure of the actual legal terms). She never paid a penny toward the home, the business, or any other of his assets.

She is now engaged and about to have a child with someone else. We thought that she had dropped the case, because for 1 year we never heard a thing.

Now out of nowhere he is expected to show up to court this week. Apparently this is for a settlement agreement?

My questions:
1. What should we expect to face, and what should we bring? My fiancee had fired his lawyer 6 months ago and now he is on his own.
2. When she gets married (if he is ordered to pay spousal support) will that support end?
3. Because she is about to have a child, this is going to effect her ability to work, will this work in her favour as far as our case goes?
4. Also a few months ago she had emailed me through facebook harassing me and saying horrible untrue things about my fiancee. Can this be used against her during these proceedings?

Any help will be greatly appreciated. Thank you!

[NBDad]

My fiancee and his ex girlfriend were together for about 12 years.

How long did they live together? Who currently lives in the home?

He has his own business and had purchased a house while they were together. Both of these items are solely in his name.

Doesn't matter. Technically she has a claim to them depending on how long they were living together. They were purchased during the common law marriage. Though if she has waited 2 years to finally file, then she's probably SOL for spousal support. She can claim a share of the value of the business/house though.

During the last 4 years they were together they lived in seperate rooms.

Unless there is documentation to back this up, the onus is on him to prove this. Otherwise the separation date is the day one or the other moved out.

She is working part time, and is more than capable of working full time with the skills she acquired due to the schooling that HE paid for.

What should we expect to face, and what should we bring? My fiancee had fired his lawyer 6 months ago and now he is on his own.

There is a piece missing here somewhere. He fired his old lawyer, does she have a lawyer? He needs to request copies of this settlement agreement as he never got copies of it. He needs a lawyer, and your fiancee will likely want to request a continuance to retain counsel as he's not been given any kind of settlement agreement to review.

When she gets married (if he is ordered to pay spousal support) will that support end?

It's been 2 years. Unless the filing date on the claim is 2 years old, she's WAY over the limit on the time. Spousal is probably not going to happen, she can try for a piece of the home/business, but again, if this is all coming up 2 years after the fact...she's probably SOL.

4. Also a few months ago she had emailed me through facebook harassing me and saying horrible untrue things about my fiancee. Can this be used against her during these proceedings?

No.

[PandaMuse]

NBDad, thank you for replying so quickly.

They were living together for 11 years. She has signed paperwork saying that they were in seperate rooms for the last 4 years of their relationship. She had filed for spousal support 3 months after she moved out of the home (which he still lives in).

From reading through the posts on this site, I gather that in order for her to have any claim at all there must be unjust enrichment. Is this something that she has to prove or will my fiancee be (for lack of a better term) guilty until proven innocent?

Honestly I find Family Law extremely sexist. It seems the men are always getting screwed.

[NBDad]

Yep. Family Law to a guy is like going to a hooker.

You pay a ton of money only to find out it's a tranvestite. (when it bends you over and...well you get the idea).

[dadtotheend]

Originally Posted by PandaMuse

Honestly I find Family Law extremely sexist. It seems the men are always getting screwed.

Said it thousands of times, say it again. A father would be foolish to think that gender bias is not present in the courts. But that father would be more foolish, and irresponsible, and maybe lazy, and maybe a quitter, and maybe a gutless chump, to use gender bias as an excuse/crutch to not fight for what he truly believes to be best for his child.

[Tim Cash]

ok ...NBdad that is some funny stuff , and dadtotheend well said.