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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-24-2010, 10:13 AM
gzy039 gzy039 is offline
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Question File with the courts? Proposal to settle financials

Hello,

We previously sent an offer to settle financials however we did not receive any feedback from my husbands, ex's lawyer. We understand that it may have been because his financial papers were not officially filed with the courts (they were contained in the case conference therefore do not count), therefore nothing was official. We have since filed them separately.

We are going to send another financial proposal - do we have to file that with the courts?

Thanks!
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Old 01-24-2010, 11:28 AM
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dadtotheend dadtotheend is offline
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Surely you know the answer to that. C'mon.
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Old 01-24-2010, 12:23 PM
representingself representingself is offline
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Make sure that he completely filled out the appropriate Form 13, attached his past 3 years income tax returns, and notices of assessments,(re-assessments if necessary), and that they were notarized, served and filed accordingly.

Draft your latest Offer to Settle, (3 copies), keep one for your file, send the other to the responding party, and seal the third in an envelope, and file it at the court house.

Last edited by representingself; 01-24-2010 at 12:25 PM. Reason: error
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Old 01-24-2010, 02:03 PM
gzy039 gzy039 is offline
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Thanks representingself!

This is going to be an offer to settle prior to our trial management conference as we do not wish to go to trial. Would the same apply?

When do we go to trial management the judge instructed each side to present an offer to settle, not part of the continuing record.

So, I am assuming the "seal" is so that it is not seen by the judge until the day of? Can you elaborate more on that, if you don't mind.

Thanks again! We're so anxious to get this resolved.
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Old 01-24-2010, 02:37 PM
representingself representingself is offline
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Offers to Settle go in the court file, but are sealed as they are confidential.

The contents of and stipulations in an Offer cannot be discussed in, or used against either party, at any time.

What I mean is, if your STBX Offers you XXX, and you reject the proposal, you can't then say to the Judge, "well he offered to give me XXX".

The ONLY time a Judge looks at said Offers, it at the end of the matter, after the Judgement has been finalized, and arguments for costs have been brought forward.

Sometimes, if the outcome of the matter is similar to, or less favourable than the Offer, then the party who made said offer may be entitled to costs.
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