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Well, heard from my lawyer yesterday, and Summary Trial date is September 1st. Since my ex didn't respond when he was served back in March (or since, for that matter) apparently he will not be notified about the trial. Call me stupid, but somehow that seems wrong and sneaky.
In my court papers, my lawyer listed that we want the house to be sold, so I can get my $ out of it, that neither side pay child support, or spousal support, and also that I want a divorce. My ex is self employed, and according to his tax returns, he makes about 25% of my income. Lawyer says that he has chosen to be under-employed, and even someone working at McDonalds would make more than 10K / year, so his income should be inpuited (??)
We have a week on, week off custody arrangement for our 2 kids, and I pay absolutely everything for them - all camps, clothes, supplies, sports, etc.
I am really not sure what to expect at this Summary Trial - and because these are serious and important issues, I am afraid that either (a) I will have to do it again, because my ex wasn't notified about this trial, or (b) that the judge will look more favourably on my ex, because this is going on without him. I have also found out that my job will be gone at the end of August - my lawyer says the ex can't go after any of my severance, but the prospect of paying CS or SS is scary, when my own financial situation is uncertain.
Has anyone participated in a Summary Trial? What happens there? Has anyone else's ex not been notified, and how did it work out for you?
Thank you for any and all feedback - I truly believe knowledge is power, and the knowledge I need is in "people-speak" rather than legal jargon, based on real life experiences!
In my court papers, my lawyer listed that we want the house to be sold, so I can get my $ out of it, that neither side pay child support, or spousal support, and also that I want a divorce. My ex is self employed, and according to his tax returns, he makes about 25% of my income. Lawyer says that he has chosen to be under-employed, and even someone working at McDonalds would make more than 10K / year, so his income should be inpuited (??)
We have a week on, week off custody arrangement for our 2 kids, and I pay absolutely everything for them - all camps, clothes, supplies, sports, etc.
I am really not sure what to expect at this Summary Trial - and because these are serious and important issues, I am afraid that either (a) I will have to do it again, because my ex wasn't notified about this trial, or (b) that the judge will look more favourably on my ex, because this is going on without him. I have also found out that my job will be gone at the end of August - my lawyer says the ex can't go after any of my severance, but the prospect of paying CS or SS is scary, when my own financial situation is uncertain.
Has anyone participated in a Summary Trial? What happens there? Has anyone else's ex not been notified, and how did it work out for you?
Thank you for any and all feedback - I truly believe knowledge is power, and the knowledge I need is in "people-speak" rather than legal jargon, based on real life experiences!