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Search took 0.24 seconds. Search: Posts Made By: OrleansLawyer
Forum: Divorce & Family Law 02-18-2022, 10:16 AM
Replies: 12
Views: 557
Posted By OrleansLawyer
If the motion is heard, costs will be decided. If...

If the motion is heard, costs will be decided. If you are awarded costs you collect it like any other judgment for a private debt.



Offers to settle, and win the motion.



Every step in...
Forum: Divorce & Family Law 02-18-2022, 10:13 AM
Replies: 30
Views: 1,144
Posted By OrleansLawyer
Yes. Case conferences are a great place for...

Yes. Case conferences are a great place for disclosure requests. Some jurisdictions will entertain them before the case conference, but my understanding is usually not.

That being said, you are...
Forum: Divorce & Family Law 02-18-2022, 10:00 AM
Replies: 17
Views: 6,685
Posted By OrleansLawyer
The balance is cross-examining the OCL at trial....

The balance is cross-examining the OCL at trial. This is why OCL reports are not supposed to be used on interim motions - although sometimes the judge lets it slide out of expedience.
Forum: Divorce & Family Law 02-08-2022, 11:32 PM
Replies: 3
Views: 265
Posted By OrleansLawyer
There are often different tests. For example, the...

There are often different tests. For example, the status quo is more important at an interim parenting motion than at trial.
Forum: Divorce & Family Law 02-08-2022, 11:30 PM
Replies: 8
Views: 371
Posted By OrleansLawyer
This is a loaded question. The short answer...

This is a loaded question.

The short answer is: it depends. How old are your kids? What are their preferences? Are they likely to change after 3-4 months of living with the other parent? Is there...
Forum: Divorce & Family Law 02-08-2022, 11:25 PM
Replies: 26
Views: 1,221
Posted By OrleansLawyer
There are a variety of reasons why someone would...

There are a variety of reasons why someone would want to insist the other side is either represented by a lawyer or not at all. Broadly, because a lawyer is insured and licensed so if they act badly...
Forum: Divorce & Family Law 02-08-2022, 11:19 PM
Replies: 4
Views: 384
Posted By OrleansLawyer
You need leave from the administrative family...

You need leave from the administrative family judge, which is usually obtained through the trial coordinator.



That would start a new case, however it seems you already have open pleadings...
Forum: Divorce & Family Law 01-30-2022, 09:24 PM
Replies: 4
Views: 384
Posted By OrleansLawyer
Prepare the draft order (Form 25), which will...

Prepare the draft order (Form 25), which will essentially be a cut and paste of the offer to settle if it was drafted properly.

Edit the cut and paste for appropriate language (ie, use "shall",...
Forum: Divorce & Family Law 01-30-2022, 05:56 PM
Replies: 4
Views: 217
Posted By OrleansLawyer
Why? Your first lawyer could do that for you, or...

Why? Your first lawyer could do that for you, or you could have done it yourself since it is relatively straightforward. This seems like an unnecessarily complication.
Forum: Divorce & Family Law 01-30-2022, 05:53 PM
Replies: 26
Views: 1,221
Posted By OrleansLawyer
With respect, that sounds like shit advice. Ex...

With respect, that sounds like shit advice. Ex parte is only appropriate in unusual emergencies.



The judge at the ex parte motion said to the lawyer, "look dumbo, serving the other side is a...
Forum: Divorce & Family Law 01-30-2022, 05:38 PM
Replies: 4
Views: 337
Posted By OrleansLawyer
Fundamentally, judges are reluctant to split...

Fundamentally, judges are reluctant to split children up. If one child has a strong preference, and the other child is ambivalent to the final parenting schedule, you can either go with the child...
Forum: Divorce & Family Law 01-30-2022, 05:35 PM
Replies: 2
Views: 237
Posted By OrleansLawyer
"do I have to include her?" No. You can read...

"do I have to include her?"

No. You can read the plan to see if it would even be permitted to include her, but you are not obligated to provide her with workplace benefits unless you have signed...
Forum: Divorce & Family Law 01-30-2022, 05:34 PM
Replies: 2
Views: 202
Posted By OrleansLawyer
The straightforward answer is yes. You will...

The straightforward answer is yes.

You will need to explain the amount of child support being paid in your Affidavit for Divorce (Form 36). If it is different than the Guideline amount, you need...
Forum: Divorce & Family Law 07-19-2021, 01:01 AM
Replies: 3
Views: 508
Posted By OrleansLawyer
The separation date is a question of fact. ...

The separation date is a question of fact.

If both of you say the separation date was the same day then it is probably the end of the issue.
Forum: Divorce & Family Law 07-19-2021, 12:58 AM
Replies: 4
Views: 484
Posted By OrleansLawyer
No, it does not prevent them from being served. ...

No, it does not prevent them from being served.

That being said, if you serve documents to an unmonitored e-mail address (or to an office when you know people are away) then you run the risk that...
Forum: Divorce & Family Law 08-13-2019, 09:27 AM
Replies: 9
Views: 1,368
Posted By OrleansLawyer
This is probably a bad idea. While a holographic...

This is probably a bad idea. While a holographic will can be valid, it is very often done badly so that everything becomes a mess which will be expensive to have a lawyer sort out.
Forum: Divorce & Family Law 05-16-2019, 03:00 PM
Replies: 9
Views: 1,170
Posted By OrleansLawyer
Yes, this is correct. A judge will...

Yes, this is correct.



A judge will make an order (which they write in their endorsement), however the parties are then responsible for drafting the Form 25: Order which will be the physical...
Forum: Divorce & Family Law 03-26-2019, 10:05 AM
Replies: 8
Views: 1,283
Posted By OrleansLawyer
Generally, the OCL worker or lawyer will wait to...

Generally, the OCL worker or lawyer will wait to the end of the 60 day deadline in the hope that people will settle.
Forum: Divorce & Family Law 03-08-2019, 12:43 PM
Replies: 4
Views: 805
Posted By OrleansLawyer
The document you serve is the exact copy of what...

The document you serve is the exact copy of what is being filed. You cannot alter the document to be different from what is served.

Thus, your process for all court documents:
1 - complete the...
Forum: Divorce & Family Law 03-03-2019, 03:23 PM
Replies: 22
Views: 2,712
Posted By OrleansLawyer
In a civil claim, there are two parts to...

In a civil claim, there are two parts to consider.
1 - did the defendant do, or fail to do, something resulting in a loss to the plaintiff?
2 - if yes, what is the value of that loss?

The family...
Forum: Divorce & Family Law 03-03-2019, 03:14 PM
Replies: 3
Views: 822
Posted By OrleansLawyer
Did you mean John Goodwin?

Did you mean John Goodwin?
Forum: Divorce & Family Law 02-25-2019, 01:43 PM
Replies: 24
Views: 2,465
Posted By OrleansLawyer
The lawyer likely provided it to your ex, saying...

The lawyer likely provided it to your ex, saying "this is the proposal, my advice is to reject it" and so it was rejected.
Forum: Divorce & Family Law 02-25-2019, 01:01 PM
Replies: 5
Views: 907
Posted By OrleansLawyer
Very rarely, the judge can summon both lawyers to...

Very rarely, the judge can summon both lawyers to discuss something in chambers (essentially, the judge's office). The conversation can be an idea for settlement (if it happens at a settlement...
Forum: Divorce & Family Law 02-25-2019, 12:49 PM
Replies: 24
Views: 2,465
Posted By OrleansLawyer
Then communicating the proposal directly to her...

Then communicating the proposal directly to her will probably not solve anything, will it?
Forum: Divorce & Family Law 02-22-2019, 11:19 AM
Replies: 24
Views: 2,465
Posted By OrleansLawyer
Unless there is a restraining order or peace...

Unless there is a restraining order or peace bond, why not e-mail your ex directly? If they insist on things going through their lawyer then you have your answer.
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