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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 12-29-2010, 10:41 AM
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Question Submitting Settlement Offer for Final Order

At our last settlement conference in November, our judge asked my ex and I to work on a settlement and submit one draft to the court with the sections we agree to and the sections we don't agree to highlighted with our comments. The judge would then rule on the sections we don't agree on for a final order.

With our next Settlement Conference coming up at the start of the new year, I have still not received a draft from my ex with her content and I honestly don't expect to. My ex walked into court last time without even submitting an offer expecting the judge to rule on all issues on the spot. She even asked for costs when I would not agree to this. She has not even so much as submitted her paperwork on time since the start of this (5 case conferences and 1 settlement conference ago).

My question is, what do I do if I have not heard back from her? How do I submit my settlement offer to the court? ie. just as an affidavit?
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Old 12-29-2010, 10:47 AM
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Serve your Offer to Settle pursuant to the rules to the other side and should be served independantly of any other document. Your offer to settle should be dated with clauses that define an expiration and also signed.

If rejected, your offer to settle is and would be considered when costs comes into the mix.
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Old 12-29-2010, 10:51 AM
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Thanks Logicalvelocity. Where can I find the rules for serving an offer to settle?
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Old 12-29-2010, 10:56 AM
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Send it to them or their lawyer via registered mail or courier.
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Old 12-29-2010, 11:12 AM
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Ok, so it doesn't have to be filed with the court then? I can just serve her?
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Old 12-29-2010, 11:23 AM
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Yeah. You got it, and that's what I would do if I was in your situation.

Also, ensuring, by clause, Settlement terms are open to acceptance at least up until one minute upon commencement of the next hearing provides added protection when and if deliberating costs of the action.
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Old 12-29-2010, 11:28 AM
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Thanks Logical
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Old 12-29-2010, 11:30 AM
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Happy New Year and Good Luck.
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Old 12-29-2010, 11:41 AM
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ok, I have added a signature section to the end of the offer and this in the footnotes with a place to initial each page:

The terms of this settlement are open to acceptance until January , 2011 at 9:00am.

Will this do?
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Old 12-29-2010, 11:51 AM
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LV, the judge asked the settlement draft to be submitted to court for him to see - which is different from the usual 'without prejudice' offers that are revealed to the judge only after he/she has ruled. Are you suggesting to ignore the judge's request? Assuming the other side is not responding to negotiations, I'd think you'd at least want to file an affidavit describing your (one-sided) attempts to reach settlement.

Last edited by dinkyface; 12-29-2010 at 11:53 AM.
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