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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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  #1 (permalink)  
Old 12-08-2015, 10:25 PM
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Default trying to settle....

so, my lawyer sent a 'settlement order'

- seems fairly simple because there's only 1 Child, custody / access involved/ CS
( no property, finances, SS or anything)

I had a few questions:
- how does the accountability of Pick/Drop happen is it something we do on our own ? -- just emails for documenting , i guess?!

- I have a severe back injury- can i put in the settlement that She has to drive half way? (or one of my family members can do the pick up - though she's saying No them)

- If I get a job overseas or may have to go for medical treatment later in 2016, should i have that addressed in the settlement? Will that change the custody or access -- even if we mutually agree its fine and I can skip 3-4 months of access?

- in terms of religious issues - can we specify which denomination/ place of worship both of us agree to?

- she will most likely want "private school" on basis of religion but I don't want to, do I have to still pay for it?
- is there anything else I should add or watch out for ?

Thank you for your time.
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Old 12-09-2015, 10:23 AM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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Quote:
- how does the accountability of Pick/Drop happen is it something we do on our own ?
You can leave it to work out on your own or you can reach an agreement that addresses the issue.

Quote:
can i put in the settlement that She has to drive half way?
You can negotiate any item both of you agree upon.

Quote:
- If I get a job overseas or may have to go for medical treatment later in 2016, should i have that addressed in the settlement? Will that change the custody or access -- even if we mutually agree its fine and I can skip 3-4 months of access?
You can negotiate any item you both agree upon. If you want to make provisions for this, do so. It can complicate negotiations but is not impossible.

Quote:
can we specify which denomination/ place of worship both of us agree to?
Yes.

Quote:
- she will most likely want "private school" on basis of religion but I don't want to, do I have to still pay for it?
Maybe - talk to your lawyer. This is fact dependent.
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Old 01-10-2016, 10:14 PM
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I have a question
So my lawyer submitted an "offer " to settle around early - mid December.
She said she served it.
She put a condition that If the other party doesn't reply by January 4,2016. Or makes any changes to the offer Then they'll have to pay all costs here on.
The offer was very basic, I didn't ask for anything extra. (bi-weekly 'parenting-time' (access) with me, joint custody) - even for CS, my income for 2015 is 0 and 2016 is probably 8000 due to an injury and being on OW. but I agreed to pay from my 2014 salary at 225/month which i can't even afford :/
- There's only custody involved.

Is this offer binding?if she doesn't reply? Her lawyer and my lawyer were on the same page.
I haven't received anything. Am I going to be served or is my lawyer going to update me?

Also she wants to come pick up ner stuff, I'm in my parents' house and so is her stuff. I don't want her to come, most likely she'll cause issues, false accusations? I mean it's better to keeping my distance,right?

She's also asking for the birth certificate for B3 am I obligated to give the original or a copy should suffice?

Thank you
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Old 01-11-2016, 09:11 AM
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Berner_Faith will become famous soon enough
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Contact your lawyer for an update. Offers are not binding unless accepted. Honestly though... if she was just presented with the offer mid December and expected to reply by January 4th you didn't leave her much time with the holidays in between. She may not even have received it until after Christmas depending on her lawyers schedule

If you have her stuff let her pick it up, you can't withhold it from her. Let her know 3 days and times that work for you and have her choose. Make sure your parents are home as well. Wear a tape recorder when she is around.

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Old 01-11-2016, 03:31 PM
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Well... I gave my Answer and it's been 2 months. There hasn't been any reply to her.
If i'm not mistaken since there's only custody. So the lawyers agreed lets just do an uncontested divorce. the next court date is in a month.

Well the issue is if she comes, I don't any drama. Isn't there any due process for this? There's hardly any of her stuff and some of it is in a storage. I asked her what things does she want, I can mail it or drop them at a public place... No response.

Anyone know about the birth certificate? she said she wants both long and short. I may have copies only.
Should I get CS changed or it will automatically change? since I'm injured and am on OW.
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