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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 10-05-2017, 08:48 AM
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HI Everyone

Just wanted to give an update on my current situation. Served with Application July 5th , I responded to application with my Lawyer, Made offer to settle . Yesterday received their response to my response with no offer to settle.

I guess the next stage is waiting for the case conference date?

They are still seeking spousal support from date of separation and to have our agreement we did thrown out. The whole situation is so frustrating but I'm getting better on dealing with it.
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Old 10-05-2017, 10:50 AM
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I was curious also on the form 10A that was sent it had the 2 areas I agree and I don't agree made by the Respondent . the boxes indicating a divorce and support for her was not X in ? but down in the other Does not agree with Enforcement of the Separation Agreement.
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Old 10-06-2017, 01:42 AM
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Of course they want money and settlement without support from date of separation is not in their best interest. Expect couple more case conference and than trial.
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Old 10-06-2017, 10:42 AM
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I guess at this point I'll just wait for the case conference date.
I do have a Lawyer now and I was wondering if anyone could give me some good advice before my case conference.
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Old 10-09-2017, 10:06 PM
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You can make a formal offer to settle before CC? I thought that was only something that can happen after SC.

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Old 10-09-2017, 10:52 PM
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you might find this helpful:

Make or accept an offer to settle | Family Law Flowcharts (this pertains to the legal process)

You can and should make OTS. Settle things out-of-court and save money and drama. Your lawyer would, of course, know about pertinent statements in the OTS (reply-by deadlines etc.).
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Old 10-09-2017, 10:55 PM
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Our case conference is set for the end if this month. All disclosure has been made, NFP has been determined. I was thinking to make a formal offer to settle but didn't think it could be done before CC.

I read here in someone's post to wait until after CC.

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Old 10-10-2017, 10:37 AM
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Me and My Lawyer did make an offer to settle when we replied to the application. They did not counted offer back ?
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Old 10-10-2017, 11:15 AM
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my formal offer to settle was provided at settlement conference.

I suppose you're offer to settle is inline to your application requests at the case conference, and therefore you're willing to accept everything that you are asking for, under the assumption that your requests are fully reasonable.

For me, my application requests were too generous and not agreeable to, so my offer to settle ended up asked for more than what was in my application, and ultimately, my application was amended to ask for more, and to be inline with my offer to settle

The whole point of a settlement offer is for the issue of costs. It is an adversarial system where one parent wins, and one parent loses. The loser will have to pay the winner's costs if the loser received an order that was similar or worst than the winner's offer to settle. In simpler words, if the winner received an order for an order in their favor as good as or better than their offer to settle, they can seek legal costs from you. It is rare the winner will get their full costs.

and remember, don't hate the players, hate the game, and don't go into court with attitude of knowing all this stuff. Just go in with attitude willing to comprise and settle the matter on terms that you believe are in your child's best interests.

Last edited by trinton; 10-10-2017 at 11:20 AM.
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Old 10-10-2017, 12:35 PM
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Thanks Trinton

I will speak with my Lawyer once I get my case conference date. Do those get mailed to me or sent to my Lawyer regarding the case conference date?
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