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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 05-07-2014, 09:43 PM
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Default He sent me my first offer..now what

I had one lawyer who closed her shop after my settlement conference..where only daycare and child support were put into order.
He failed to provide financial disclosure so we couldn't even come to a settlement on equalization.
I had to find another lawyer after spending 5000 on the last one, I paid another 5000 on the next one and just couldn't pay anymore because it cost me that much to have the second lawyer review everything - no resolve.
So today, I get an offer to settle from my exs lawyer. His offer is 20,000 to me to go into a LIRA and all his debts to me for his arrears of child support and childcare are included in that 20000.
We were common law for 7 years and married for 5, for a total of 12 years. He does not account for the 7 years we were together.
As per pension division, our married time accounts for 40,000 in pension division as opposed to 90000 from date of cohabitation.
This offer is going to be rejected as its ridiculous and I need to know what my next step is in responding. We are slated to go to court July 5.
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Old 05-08-2014, 01:29 AM
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You've spent 10k on lawyers so far. Double or triple that to get you through your July court date and then start thinking about whether 20k is so unreasonable.

Question: is the 40k you mention half of the pension or the whole amount to be split?

You should note that common law spouses do not have any right to equalization; this would include his pension accrued during that time. It would be excluded from matrimonial property. It could be part of equalization if you can prove constructive trust or unjust enrichment but those are not cheap or simple to prove in court.

For the sums of money you are talking about, a couple of dozen thousands, it's probably not worth going to trial. Lawyers will eat that up very fast. Consider that trial costs around 10k per day and decide if the outcome would be worth it. You already have some orders in place and custody/access do not sound like an issue.

If you think 40k during the marriage should be yours and he is offering 20k then counter with 30k.

Don't let the legal bills climb so high you feel like you have to continue just to win more money to pay them off. It never works that way.
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Old 05-08-2014, 09:15 AM
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Thanks guys/gals. I am self representing. My faith in lawyers have been completely lost. I do not believe I am being greedy. He did not contribute to child support or daycare fees for over two years and now he wants that cleared.
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Old 05-08-2014, 09:48 AM
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Did you ever provide and receive full financial disclosure?

In order for you to make an informed decision I would think you need to have information upon which to make your decision rather than speculation.

Perhaps you should respond with an itemized request for the disclosure?
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Old 05-08-2014, 10:20 AM
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An itemized request for disclosure has been sent on two occasions, how people get away without showing financial disclosure at case conference and settlement, is beyond me.
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Old 05-08-2014, 10:35 AM
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I would flatly refuse to discuss anything until I received this information. The end. If he wants to ignore this then all he is doing is increasing his legal costs. Sale proceeds from house is safe and sound in a trust account. Maybe send a simple letter to lawyer stating you would be pleased to enter into negotiations upon receipt of financial disclosure (be sure to specify exactly what you expect to receive).
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Old 05-08-2014, 11:49 AM
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I did do up a counter, but also stated that with this counter, he needs to provide financial disclosure in order for an agreement to be signed. Should I send that? Or just flatly refuse? I do want this over with and would like some type of movement as he has been dragging his heels over all this for two years.
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Old 05-08-2014, 01:17 PM
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I don't know your personal situation. Only you know whether full financial disclosure would give you any more information than you current possess which is directly relevant to your situation.
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