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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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  #11 (permalink)  
Old 05-12-2014, 04:57 PM
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I have not heard the 'basket' term. By chance does B stands for Basket in 14B?
Basket - because they put it in a basket for a judge to look at when they have time.
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Old 05-12-2014, 05:34 PM
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Ok...so if the divorce is severed before the issues are settled re: matrimonial home, there ceases to be a matrimonial home and the person on the title is entitled to the house?
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Old 05-12-2014, 07:26 PM
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Have you considered binding arbitration? Sounds like the major issues have been dealt with (children) and all that's left to decide is spousal. Perhaps she would agree to binding arbitration and that way everything can be settled once and for all and you get your divorce?

Learn from my situation, however, that even though you get a divorce and you settle issues, you can be taken to court time and time again. As long as the other party feels there is a material change of circumstances, and if their application isn't vetted by a case management judge, you will find yourself in a similar situation I have been for the past 4 years. I'm convinced some people go to court for entertainment. Sick? Absolutely.
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Old 05-12-2014, 10:39 PM
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Originally Posted by arabian View Post
Have you considered binding arbitration? Sounds like the major issues have been dealt with (children) and all that's left to decide is spousal. Perhaps she would agree to binding arbitration and that way everything can be settled once and for all and you get your divorce?

Learn from my situation, however, that even though you get a divorce and you settle issues, you can be taken to court time and time again. As long as the other party feels there is a material change of circumstances, and if their application isn't vetted by a case management judge, you will find yourself in a similar situation I have been for the past 4 years. I'm convinced some people go to court for entertainment. Sick? Absolutely.
I don't want spousal
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Old 05-12-2014, 10:40 PM
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Well if the assets are split and the child custody is taken care of and spousal isn't up for discussion then what, pray tell, is the problem?

Am I missing something?
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Old 05-12-2014, 11:06 PM
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The ex refuses to put down on paper and sign any of these agreements, as far as I can tell.

Isn't a ex always the problem, lol!
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Old 05-12-2014, 11:11 PM
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Then you get her in a room with a judge and the nice judge says Annabella we will work with you this afternoon so you and Billie here will come to an agreement or I will order it and sign it for you: binding arbitration.
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Old 05-13-2014, 08:17 AM
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if the divorce is severed before the issues are settled re: matrimonial home, there ceases to be a matrimonial home and the person on the title is entitled to the house?
As in, does the other person give up their claim of possession of the home, unless there is a court Order providing it? My view is yes.

I have not seen any case law on the matter, however. A judge might not permit a divorce to be severed if people were still residing in the same home more than one year after separation, with only one person on title. That would seem a legitimate reason to oppose the claim for severing.
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Old 05-13-2014, 08:23 PM
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Makes sense, thanks for clarifying, OL!
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Old 05-16-2014, 06:41 PM
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I want to fill in the divorce order for my motion to order a divorce separate from the issues. There is an active case, but there is a temporary order for CS. We have been separated 7 years with no issues around 50/50 access and family property was divided long ago. She won't sign anything or advance her case - I just want a divorce, I've lost hope on signing a separation agreement.

Does anyone have an example of the wording in form 25A for such a situation (ie order divorce severed from the corollary issues.)?

Last edited by billm; 05-16-2014 at 06:44 PM.
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