Hi Everyone
With advice from everyone on this board My last email to her lawyer was I was open to amendments to our original agreement but regarding spousal support your client did not seek spousal nor did she want spousal and our original agreement was a final settlement to all rights ,causes ,claims, and demands with result to property and support. I also added that is wasn't unconscionable and was amicable.
He replied indicating that spousal is a more complex than I make it out to be and suggested I do more research or consult with a lawyer. Also that I will discover that the existence of an agreement is only a factor in determining whether spousal support should be awarded. his submission in trail as he indicated would be to have the agreement set aside due to it being unconscionable.
I have not heard back since my last email, dated January 10th 2017
Its unfortunate but my youngest daughter approached me on Sunday after the weekend at her mothers. she said Dad is mom taking you to court ? I said why sweetie ? She said I over heard mom talking with her sister and her friends about taking you to court and I'm going to loose. Man it was everything not to fill here in. I said not that I know of. She looked at me with a real confusing look. She also said why would mom want to do that you guys have been separated for awhile now and are we going to loose the house ?. I quickly changed the subject.
Its so terrible that they would discuss things like this when my kids are just in the other room, but honestly I'm not surprised. so with all this being said I just want to know if anyone has advice on how to proceed and also some questions below I have
1) As I am currently self representing do I get served by someone?
2) What happens once I get served , I've read I have 30 days to respond and have proper information in place.
3) I have been reading allot on line and Canli cases regarding agreements and spousal , I have printed a bunch off that are similar to my situation
4) Any ideas what else I can be doing in regards to preparing for what is to come? I just want to be really prepared and educate myself as much as possible. not sure what they will be bringing first in regards to the application , setting aside the agreement or spousal or both on the application.
5) what happens in a case conference and how does it work.
Thanks everyone
With advice from everyone on this board My last email to her lawyer was I was open to amendments to our original agreement but regarding spousal support your client did not seek spousal nor did she want spousal and our original agreement was a final settlement to all rights ,causes ,claims, and demands with result to property and support. I also added that is wasn't unconscionable and was amicable.
He replied indicating that spousal is a more complex than I make it out to be and suggested I do more research or consult with a lawyer. Also that I will discover that the existence of an agreement is only a factor in determining whether spousal support should be awarded. his submission in trail as he indicated would be to have the agreement set aside due to it being unconscionable.
I have not heard back since my last email, dated January 10th 2017
Its unfortunate but my youngest daughter approached me on Sunday after the weekend at her mothers. she said Dad is mom taking you to court ? I said why sweetie ? She said I over heard mom talking with her sister and her friends about taking you to court and I'm going to loose. Man it was everything not to fill here in. I said not that I know of. She looked at me with a real confusing look. She also said why would mom want to do that you guys have been separated for awhile now and are we going to loose the house ?. I quickly changed the subject.
Its so terrible that they would discuss things like this when my kids are just in the other room, but honestly I'm not surprised. so with all this being said I just want to know if anyone has advice on how to proceed and also some questions below I have
1) As I am currently self representing do I get served by someone?
2) What happens once I get served , I've read I have 30 days to respond and have proper information in place.
3) I have been reading allot on line and Canli cases regarding agreements and spousal , I have printed a bunch off that are similar to my situation
4) Any ideas what else I can be doing in regards to preparing for what is to come? I just want to be really prepared and educate myself as much as possible. not sure what they will be bringing first in regards to the application , setting aside the agreement or spousal or both on the application.
5) what happens in a case conference and how does it work.
Thanks everyone
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