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Search took 0.30 seconds. Search: Posts Made By: OrleansLawyer
Forum: Divorce & Family Law 08-13-2019, 09:27 AM
Replies: 9
Views: 927
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: 882
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: 857
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: 530
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: 1,759
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: 491
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: 1,694
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: 668
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: 1,694
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: 1,694
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.
Forum: Divorce & Family Law 02-22-2019, 11:17 AM
Replies: 2
Views: 410
Posted By OrleansLawyer
The judge can order the transcript to be...

The judge can order the transcript to be provided, however they will only do this in very limited circumstances.

Transcripts are usually not made. If a judge has reserved on a motion then they...
Forum: Divorce & Family Law 02-17-2019, 06:01 PM
Replies: 8
Views: 1,008
Posted By OrleansLawyer
The short answer: no. If you live with someone...

The short answer: no. If you live with someone for 1 year, then are married for 20 years, then you have 20 years worth of asset accumulation to divide as part of equalization. If you lived together...
Forum: Divorce & Family Law 02-11-2019, 12:27 PM
Replies: 2
Views: 482
Posted By OrleansLawyer
What do your minutes of settlement say about...

What do your minutes of settlement say about spousal support?
What has changed since you signed the minutes?
Are you now divorced?
Were the minutes incorporated into a court order?
Forum: Divorce & Family Law 02-05-2019, 12:01 PM
Replies: 23
Views: 1,708
Posted By OrleansLawyer
A claim for support can also be made against the...

A claim for support can also be made against the estate.



Generally, a judge will not order a termination date unless it is going to be "soon" (perhaps within two years but do not take that as...
Forum: Divorce & Family Law 02-04-2019, 12:35 PM
Replies: 12
Views: 989
Posted By OrleansLawyer
They are public record at the courthouse. For...

They are public record at the courthouse. For example, if your neighbours are getting a divorce and you want to read about it, you can go down to the courthouse and review their court documents or...
Forum: Divorce & Family Law 02-01-2019, 05:15 PM
Replies: 3
Views: 742
Posted By OrleansLawyer
Sending things by e-mail gives you a record.

Sending things by e-mail gives you a record.
Forum: Divorce & Family Law 02-01-2019, 05:12 PM
Replies: 12
Views: 989
Posted By OrleansLawyer
Wages are all over the place, and often depend on...

Wages are all over the place, and often depend on whether they own the rig. I have seen statements for a truck driver who earned over $150k, and for another who earned under $50k, with the...
Forum: Divorce & Family Law 01-07-2019, 01:54 PM
Replies: 19
Views: 1,456
Posted By OrleansLawyer
No, usually you only get one or the other. Which...

No, usually you only get one or the other. Which you get will depend on the issues and age of the child. Younger or special needs lean towards social worker, older lean towards lawyer.

If you...
Forum: Divorce & Family Law 01-07-2019, 09:42 AM
Replies: 19
Views: 1,456
Posted By OrleansLawyer
There are two reasons for this. First, with...

There are two reasons for this.

First, with older children, the role of the OCL is to advocate for that child's preferences. Essentially, they are a client like any other. This is akin to the...
Forum: Divorce & Family Law 01-06-2019, 04:53 PM
Replies: 19
Views: 1,456
Posted By OrleansLawyer
Generally, every OCL social worker and lawyer who...

Generally, every OCL social worker and lawyer who appears in family court are all private practitioners. The OCL hires them on their panel to complete work for their files. The OCL only has about...
Forum: Divorce & Family Law 01-04-2019, 01:11 PM
Replies: 4
Views: 591
Posted By OrleansLawyer
That is a problem. Ask your local trial...

That is a problem. Ask your local trial coordinator how they deal with that. In some (most?) jurisdictions, if a trial record has not been filed then the case is automatically bumped to the next...
Forum: Divorce & Family Law 01-04-2019, 10:58 AM
Replies: 28
Views: 2,810
Posted By OrleansLawyer
Do you have children living in the home with you?...

Do you have children living in the home with you? That could be grounds to delay the sale. Otherwise, expect for the house to sell.

That being said, nothing prevents you from making an offer on...
Forum: Divorce & Family Law 12-30-2018, 05:33 PM
Replies: 25
Views: 1,854
Posted By OrleansLawyer
No. Adultery is related to the claim for divorce,...

No. Adultery is related to the claim for divorce, not any of the financial claims.

You can show that he is being supported by her as part of a claim for imputing an income to him without claiming...
Forum: Divorce & Family Law 12-30-2018, 05:23 PM
Replies: 5
Views: 549
Posted By OrleansLawyer
There are two options: the claim succeeds, or it...

There are two options: the claim succeeds, or it is dismissed.

If your ex asked for support, they either get it or they don't. If they do not get it then their claim was dismissed.



Yes. If...
Forum: Divorce & Family Law 12-21-2018, 05:56 PM
Replies: 3
Views: 544
Posted By OrleansLawyer
A brief follow up to this point: Why would you...

A brief follow up to this point:
Why would you want to force them to go? Everyone shows up, they sit down, sign a non-disclosure agreement for a without-prejudice mediation, and then immediately...
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