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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-17-2006, 06:34 PM
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Default A couple of questions for Logicalvelocity

Dear Logicalvelocity,

1. For court, should all supportive documents of my NFP be prepared as exhibits? Should I make copies of these for the Applicant's lawyer and judge.
2. All evidence to discredit the Applicant should they be prepared as exhibits (ie I have two credit cards that I have, still attached to the letter from the institution, hers are missing and maxed out, I ended up with the tab etc.)
And do I just take these exhibits to court or are they served on the other party before trial and if so, when)

3. What forms are necessary for trial; I know Form *E 13.1 13b and a recent pay stub., anything else.

4 If I find that the applicant has entered into a business with her attorney ( say a share of a race horse)

5. I served an offer to settle on the Applicant's lawyer and filed a sealed copy with the court, the offer is open . Should I expect a counter offer, or is it a poker game? They hold out and wait for me to budge.

I would just like to make sure of these points before I finish preparation.

Thanks again LV

Mcbroke
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Old 11-17-2006, 06:51 PM
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mcb,


Quote:
1. For court, should all supportive documents of my NFP be prepared as exhibits? Should I make copies of these for the Applicant's lawyer and judge.
yes on both accounts. Anything filed into the record should be served unto the other party. Once filed into the record, you can always refer to the document ie: part II tab x paragraph x

Quote:
2. All evidence to discredit the Applicant should they be prepared as exhibits (ie I have two credit cards that I have, still attached to the letter from the institution, hers are missing and maxed out, I ended up with the tab etc.)
yes, somewhat shows them for who they are.

Quote:
3. What forms are necessary for trial; I know Form *E 13.1 13b and a recent pay stub., anything else.
The trial record would be the application, answer and reply (if any)

Quote:
4 If I find that the applicant has entered into a business with her attorney ( say a share of a race horse)
I am not clear on what this has to do to the primary issue.

Quote:
5. I served an offer to settle on the Applicant's lawyer and filed a sealed copy with the court, the offer is open . Should I expect a counter offer, or is it a poker game? They hold out and wait for me to budge.
They may accept your offer, they may not. Most cases are settled before trial or on the eve of same. Hang in there. Offers to settle will come into the equation on the award of costs. If per say they are successful, and are awarded less than what was offered, perhaps no costs would be ordered. Basically, there is a presumption that a successful party is entitled to costs but ultimately it is the discretion of the courts to decide same.


lv
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Old 11-18-2006, 09:07 AM
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Default Thank you LV

In regards to the documentation do I need to have it sworn. or just added to the trial record. Included are Red Book values of automobiles, pictures and investigative report of the cohabitation of the APplicant and bank statements and receipts. Is it possible to just add these to the Trial Record as exhibits?

As well I have updated my financial statements and will add those to the trial record.

Thanks again LV
MCB
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Old 11-18-2006, 09:24 AM
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Mcb,

It is best to have exhibits sworn, as once sworn you pretty much have endorsed same to be true copies. However they may get buried. Check with the local Registrar if you can attach them to the trial record as exhibits.

Most courts will allow you to attach supporting financial documentation to your financial statements and net property statement.

lv
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Old 11-19-2006, 01:21 AM
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Default Thank you LV ....

Thank you so much LV, I will do my best and hopefully achieve success, regardless, I will learn and pay it forward.

Thank you so much LV

Mcbroke
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