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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 11-09-2016, 06:48 PM
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Quote:
Originally Posted by Janus View Post
The nesting can't last, and she can stay at home and watch the child. The kid isn't going to win this one.
Nesting won't last. Nesting orders are very temporary. Also, she can't stay home. Status quo isn't established as a stay at home parent. Recently unemployed. Clearly the other parent in this matter has gotten some sound legal advice.

The kid has already won. Just because one parent is underemployed doesn't mean much these days. Especially if they have a rich employment history previous to their unemployment.
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Old 11-09-2016, 07:10 PM
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I want to thank everyone for their support. I have been to th courthouse today to speak with flic and file my form 4. Although it was too late to file I will walk it in tomorrow. Flic is very helpful. I was surprised although the lawyer seemed a little off set. But anyways. I have been in contact with the exs lawyer and damn do I wish I represented myself a long time ago. A nice woman and very helpful. We agreed to pay it in one lump sum and if ex feels thet are extraordinary damages that we'll have the listing agent to assess. As he is a third party neutral. So tomorrow we walk in with the consent order. She also is trying to get me to sign the separation agreement tomorrow but I'm going to see if I can get a lawyer in the flic office or duty counsel to glance it over before I sign. Is that possible? Anything major I should look for? Seems ok from what I've read. should I request that he can't come after for me regarding property tax joint line of credit and home insurance ? As those were in my name as well and I didn't see them mentioned there. Also we are doing 2 separate agreements. One for spousal and house. And one for child. But in the consent order under final we didn't list a number for s7 expenses. Just says something about shar d respective to incomes. Is that ok???? I feel like self rep has gotten me further then my blood sucker lawyers have. Just saying.
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Old 11-09-2016, 07:15 PM
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Btw I am 25 years old and a nurse. Ex is a doctor. Just in case you all were curious. Am I the youngest here? Damn. I am now very educated and have valuable life lessons moving forward. And btw I don't appreciate the comment about I would have run too about the prenup. You can't spring a prenup on someone with a planned pregnancy while they're 6 months pregnant and ditch. What kid of moral integrity is that? It was a very unfair prenup that left me basically with nothing.
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Old 11-09-2016, 07:21 PM
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And yes the nesting won't last as I'm moving soon to my own home that's in a different municipality. Not too far and he has consented to this. Also he is paying spousal just in a lump sum. He told me to quit my job and that he'd support me. I have case law to prove my entitlement. Even though it was a short Cohab period of 19 months.
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Old 11-09-2016, 07:27 PM
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Prenups are to protect the party with the assets. They generally make concessions for the other party over an extended period of time. 19 months is not an extended period of time. Why is he paying you SS?
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Old 11-09-2016, 07:30 PM
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We're common law have a child and he told me to quit my job and that he'd support me. I am diadvantaged and entitled both on compensatory and non compensatory basis in fact. My child is 6 months old. I can't work right now. And in future shift work combined with my lost seniority puts me at a disadvantage with child.
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Old 11-09-2016, 07:40 PM
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Did you quit your job as soon as you moved in? Is this home the home he owned before you moved in? Is he moving back into the home after you leave? What is the amount he's offering in 2 payments? If it's worth it, then let him look for "reasonable" damages. He's offering it in writing.

So many questions.

I understand you not wanting to go back to work yet. Most Mom's wait until the baby is a year old, and they go back on a "needs" basis. The single Mom's here that are nurses will be sure to chime in.
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Old 11-09-2016, 07:45 PM
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I quit my job when I was three months pregnant in October . Then we moved Into the home in December. Both our names on title and mortgage. But he solely put the down payment. My ex lawyer told me I have a weak case because he was claiming the property was in trust. Although I used my first time home buyers intuitive through the government which helped with land transfer tax. Anyways three weeks later we separated. Then when I was 9 months pregnant he came back and the. Left again when the baby was 6 months old.
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  #19 (permalink)  
Old 11-09-2016, 07:47 PM
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We have agreed to a one time lump sum payment after me speaking to his lawyer directly.
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  #20 (permalink)  
Old 11-09-2016, 08:19 PM
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You are entitled to independant legal advice prior to signing any seperation agreement.
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