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What to expect... served with Simple divorce acknowledgement card

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  • What to expect... served with Simple divorce acknowledgement card

    I have just been served an application for divorce and an acknowledgment card which I have sent back... can anyone help with what I should expect to happen next and the time lines? And anything I should be prepared for???

    Thanks in advance for your help

  • #2
    I read your other thread, you mentioned you have kids and the ex has left with them. If that is correct, what arrangements have been made in relation to custody or your parenting time? If nothing, what is your plan to see your kids?


    The question of what is next is very broad, and likely little advice could be given without knowing what your goals are.

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    • #3
      She actually left... on our separation agreement it states “shared” it states tues,wed,thurs evening for 3 hours (every second week)and every second weekend so basically she has them for 6 sleep over nights and I’m responsible for them everyday other wise ... eg school,breakfast, child care etc... so realistically they reside with me over the 60% threshold...

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      • #4
        Actually, I am not sure a judge would see that as "shared". Most judges look at overnights when determining the percentages of parenting time. Now, most isn't all, but just be aware that it is possible that it may not work out as shared.


        If you have been served, I would get a lawyer and try to move it along. Are you against any of the terms in the divorce application? You say you have an separation agreement, will the terms of that agreement carry forward into the divorce order?

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        • #5
          I don’t believe she is asking to change everything... just to get a divorce, I’m just not sure how the judge will react? Or more so what is the procedure if I don’t file an answer to change anything

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          • #6
            How long has it been since she left with the kids? Have you reached a formal written agreement on the time with the kids?

            I think what you need to keep in mind is that she left with the kids and she should not have done that. She could leave, the kids should have stayed. As Hammerdad said, if you are going to try to figure out time for cs purposes, overnights are key. You let her leave and dictate the schedule. Just because you aren’t following the schedule doesn’t mean it is ok. Six months from now she could decide to follow a reduced time for you schedule and you are fucked as a result. I would be looking at this and trying to make the changes now formally in writing.

            As for the filing for divorce...if all the financial stuff is worked out already it should be straightforward.

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            • #7
              She left... I kept the house, to allow the kids to stay in their school, ftiends, life and let her be her crazy self etc... I’m the one with the kids the majority of the time... the financials are done

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              • #8
                But is it written that way that you have custody and she has access?

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                • #9
                  It’s stated the children will primary reside with me and then states her visitation times...

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                  • #10
                    Originally posted by Singldad View Post
                    She actually left... on our separation agreement it states “shared” it states tues,wed,thurs evening for 3 hours (every second week)and every second weekend so basically she has them for 6 sleep over nights and I’m responsible for them everyday other wise ... eg school,breakfast, child care etc... so realistically they reside with me over the 60% threshold...
                    If she has them 6/14 nights then many judges will see that as 43% of the time, with you having 57%. Your wording for the three hours thing was a little convoluted and hard to follow.

                    Is she paying you child support?

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                    • #11
                      I meant 6 nights a month as she gets them every second weekend from Friday to Sunday so actually it’s only 4 nights plus the tie wed thurs. visitation for 3 hours.... and no child support it is worded in my agreement that she does not need to as per her!!!! I’m afraid what to do I have less than 30 days to answer or leave it and ask for a mottion to change after the divorce r is final or will a judge see our agreement and say that it is not right

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                      • #12
                        Originally posted by Singldad View Post
                        I meant 6 nights a month as she gets them every second weekend from Friday to Sunday so actually it’s only 4 nights plus the tie wed thurs. visitation for 3 hours.... and no child support it is worded in my agreement that she does not need to as per her!
                        So you have custody, but she does not pay child support.

                        It is possible that a judge will reject your divorce on these grounds. She must pay child support. Of course, once your ex realizes this, she might begin asking for more time.

                        What is the actual phrasing in your agreement about child support? Who wrote the agreement? Have you ever had a lawyer?

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                        • #13
                          Yeah, that’s exactly what I was concerned about... I may just have to wait it out and see what happens I guess.
                          She cheated, left us(including kids) and has since moved in with the other person... she hasn’t made any attempts to take the kids additional time if she wanted as stated in our agreement. I wonder if a judge will see through this as verbally she mentioned under no circumstance would she pay me support. I just don’t want to open a can of worms now

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