I have a somewhat unusual situation. My spouse wants a divorce, and I don't. They filed an application on the basis of living separate and apart for more than year. I object to the divorce ("living in the same household situation", based on my reading of Molodowich, Oswell, and Rosseter factors and related caselaw), but I agree to ALL the corollary relief claims - parental decision making, parental time, child support, spousal support, and division of property. My spouse has a lawyer and I am unrepresented. The case is very fresh (we have not had a first appearance yet). My spouse is very reasonable, we are a low conflict couple. They just want out
Thus I have a few "strategy" questions:
1. Is it possible to have a "conditional" separation agreement - the one that would come in effect only if divorce is granted after a trial? Or having a separation agreement requires an admission that we are indeed separated (which I deny)? I suppose we can have a draft separation agreement ready, in case I decide not to proceed to a trial.
2. Does it make sense to file a 12(6) motion to split the divorce from the other issues? As far as I understand this is typically done in the opposite case: when parties do not object to a divorce but do not agree on all the corollary issues.
3. Does it make sense for me to make any Offers to Settle? What issues would I try to settle? What if the spouse offers to take less $$ only so that I would agree to a divorce? Would it be unreasonable for me to not want to disadvantage my spouse financially (ie for me to still propose a 50/50 division of assets - I suppose the answer is "yes": if they offered better $$ terms than the judge is likely to order, this could have costs consequences).
4. And, finally, if we do go to a trial, I suppose we can put our agreement on all the corollary relief issues into a "consent order" since I do not foresee that we will be litigating any of them. Not sure of the mechanics though.
Any advice/insight will be appreciated.
Thus I have a few "strategy" questions:
1. Is it possible to have a "conditional" separation agreement - the one that would come in effect only if divorce is granted after a trial? Or having a separation agreement requires an admission that we are indeed separated (which I deny)? I suppose we can have a draft separation agreement ready, in case I decide not to proceed to a trial.
2. Does it make sense to file a 12(6) motion to split the divorce from the other issues? As far as I understand this is typically done in the opposite case: when parties do not object to a divorce but do not agree on all the corollary issues.
3. Does it make sense for me to make any Offers to Settle? What issues would I try to settle? What if the spouse offers to take less $$ only so that I would agree to a divorce? Would it be unreasonable for me to not want to disadvantage my spouse financially (ie for me to still propose a 50/50 division of assets - I suppose the answer is "yes": if they offered better $$ terms than the judge is likely to order, this could have costs consequences).
4. And, finally, if we do go to a trial, I suppose we can put our agreement on all the corollary relief issues into a "consent order" since I do not foresee that we will be litigating any of them. Not sure of the mechanics though.
Any advice/insight will be appreciated.
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