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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-05-2012, 10:03 PM
Mess Mess is offline
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

If neither of you has started a court action, you can't just file a motion out the blue like that.

First you really must make her an offer to settle that is fair and reasonable. The one I outlined for you would do it, but you must send it. The courts totally frown on people using them as the first option, and as well, you need to have a reasonable offer on the table to avoid paying court costs; you want to be able to SHOW that you made an offer, she turned you down, that you wanted to avoid court but she was the one who was stubborn.

Then you have to file a application for trial, you have to go for the whole thing. Lots of forms to fill out. You will file and then appear to get a date for your first conference with a judge.

At the first case conference, you both present the judge with a "brief", a short written summary of what the issues are, what you want the decision to be, and why. The judge will try to convince you to settle out of court and may tell you what a likely result of your trial would be. The judge can make an order on the spot IF YOU BOTH AGREE. How likely is that, only you can say.

After the case conference, THEN you can file for a motion order. The motion order will generally be temporary, until the final trial decision or the two of you settle.
Old 07-06-2012, 02:48 PM
jjminiman jjminiman is offline
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ok so im 2500 bucks into this thing just to get her to draw up an agreement i finally get it and its all in her favor as noted in above posts she keeps pen sion, i pay her cash , i dont get cp etc... i countered she laughed at it wont budge so i would just like to go to court and maybe the judge will be on my side and award me her pension wich will cover my court fees we are in agreement on custody its just the pension thing she wont agree to give it to me and she is a gov worker. if i file to go to court will a judge award my share for the time we were married

i dont want to spend 10k in lawyers fees and not get her pension in the equilization she had to pay alot to me but she wont agree to it
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