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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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  #1  
Old 03-17-2017, 01:42 PM
Vector Vector is offline
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Default No Response to Application

Is it fairly routine to not respond to an application within the 30 days?

My lawyer accepted a call from hers prior to it expiring, agreed to first case conference which apparently she wont have to respond now till two weeks prior to that date. Also that was about a month ago and the case conference date is still not set.

Curious if these kind of games/delays are lost on judges if its part of a broader pattern of avoidance and stalling.
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Old 03-17-2017, 08:35 PM
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Is it fairly routine to not respond to an application within the 30 days?
It is "as common as teeth". Nothing unique to your situation.

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Originally Posted by Vector View Post
My lawyer accepted a call from hers prior to it expiring, agreed to first case conference which apparently she wont have to respond now till two weeks prior to that date.
Well, it isn't that there is "no response". The lawyer on the other side is talking to your lawyer. Discussions about attending a CC is good. Serving a Reply isn't a big issue.

Depending on your jurisdiction that is the standard time frame for filing CC briefs. Case Conferences are an attempt at mediation and to move the case forward. Nothing much will be done at one. Unless both parties consent to whatever the judge recommends. Some technical matters (financial disclosures etc...) can be ordered at a CC.

Don't expect much to happen at a CC.

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Also that was about a month ago and the case conference date is still not set.
Simply instruct your lawyer to book a date and notify the other party then. If the other party in the matter can't agree on a date then you pick one that the court has and say "see you there". It is a courtesy to choose a mutually beneficial time to both parties but, not a requirement.

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Curious if these kind of games/delays are lost on judges if its part of a broader pattern of avoidance and stalling.
This isn't gamesmanship. This is typical.
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Old 03-17-2017, 09:06 PM
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Quote:
Originally Posted by Vector View Post
Is it fairly routine to not respond to an application within the 30 days?

My lawyer accepted a call from hers prior to it expiring, agreed to first case conference which apparently she wont have to respond now till two weeks prior to that date. Also that was about a month ago and the case conference date is still not set.

Curious if these kind of games/delays are lost on judges if its part of a broader pattern of avoidance and stalling.
Very typical to not receive a response within 30 days. Adjournments are routinely granted in these situations with the "I've just been retained and need time to review the documents" argument.
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Old 03-20-2017, 08:35 PM
Vector Vector is offline
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Thanks guys, appreciate it. This has been after a year of trying to get her even to just sign my pension evaluation forms and get the house appraised through the collaborative process all while stuck in MH with her. Hence the switch to court.
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Old 03-23-2017, 10:18 AM
Vector Vector is offline
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So,the CC is set for the end of April I've learned from my lawyer.

My soon to be X personally informed me prior though she can't respond or is concerned the meeting will be premature cause she thinks her response needs to include a marriage certificate which she hasn't received in the mail yet. Pretty sure thats not necessary but can anyone confirm.

My application included asking for ability to sell the MH without her consent if she refuses so we can finally physically separate (she has avoided even getting it appraised when we were trying to initiate the collaborative approach). At the CC my lawyer will be attempting to get a court order for that as well as releasing FACS reports and to get the OCL involved based on my sole custody claim. If she refuses to agree to sell, can the CC judge make a court order to proceed with selling the home assuming my lawyer can win the argument or does the judge just comment on that request and we'd have to file a motion for that after? Also I am assuming this can be done before the final custody is determined...we can proceed this way with temporary custody arrangements in order to physically separate...true?

I am not entirely sure of this process and trying to get a sense of what to expect.
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Old 03-23-2017, 11:25 AM
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Quote:
Originally Posted by Vector View Post
So,the CC is set for the end of April I've learned from my lawyer.
Great, your case is moving forward.

Quote:
Originally Posted by Vector View Post

My soon to be X personally informed me prior though she can't respond or is concerned the meeting will be premature cause she thinks her response needs to include a marriage certificate which she hasn't received in the mail yet. Pretty sure thats not necessary but can anyone confirm.
Don't believe a word that comes out of her mouth. That's not your problem. She can still respond and state that she's waiting for the marriage certificate to come in. In any event, what is the relevance of that marriage certificate at a case conference ? You could still move forward and set a settlement conference while she waits to receive her marriage certificate. You could apply for one yourself and put it in in case you get it sooner than her.


Quote:
Originally Posted by Vector View Post
My application included asking for ability to sell the MH without her consent if she refuses so we can finally physically separate (she has avoided even getting it appraised when we were trying to initiate the collaborative approach). At the CC my lawyer will be attempting to get a court order for that as well as releasing FACS reports and to get the OCL involved based on my sole custody claim.
What do you need the OCL for on an initial application? You realize if they get involved and recommend sole custody to mom you're pretty much screwed, right ?

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If she refuses to agree to sell, can the CC judge make a court order to proceed with selling the home assuming my lawyer can win the argument or does the judge just comment on that request and we'd have to file a motion for that after?
Judge can't order anything without her consent. You'll need to file a motion to obtain that order. The conferences are generally just used for getting information from the other party and preparing yourself for trial - unless you're both able to come to a fair compromise.

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Also I am assuming this can be done before the final custody is determined...we can proceed this way with temporary custody arrangements in order to physically separate...true?
Do _NOT_ leave the home. Your goal is to get sole temporary custody. Refuse to give it to her. If you leave the home, you can be sure she will get it. Maintain a 50-50 status quo throughout. Be sure to ask for her to contribute to child support based on 50/50 arrangement.

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I am not entirely sure of this process and trying to get a sense of what to expect.
Don't let them screw you over. Stand your ground and keep checking in here when you get bad vibes.

Last edited by trinton; 03-23-2017 at 11:33 AM.
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Old 03-23-2017, 11:56 AM
Vector Vector is offline
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Quote:
Originally Posted by trinton View Post
Great, your case is moving forward.



Don't believe a word that comes out of her mouth. That's not your problem. She can still respond and state that she's waiting for the marriage certificate to come in. In any event, what is the relevance of that marriage certificate at a case conference ? You could still move forward and set a settlement conference while she waits to receive her marriage certificate. You could apply for one yourself and put it in in case you get it sooner than her.

Yeah, I don't think at this point it has any relevance, otherwise my lawyer would have mentioned it.



What do you need the OCL for on an initial application? You realize if they get involved and recommend sole custody to mom you're pretty much screwed, right ?

Sort of. Lawyer recommendation...she has several FACS cases documenting her verbal and emotional abuse, including kids telling FACS they want to live with me. I did not appreciate it being a bit of a gamble then...although I understand recommending sole custody to her would require valid reasons for me not to even have joint then.




Judge can't order anything without her consent. You'll need to file a motion to obtain that order. The conferences are generally just used for getting information from the other party and preparing yourself for trial - unless you're both able to come to a fair compromise.

Sounds like it will have to be by motion then.


Do _NOT_ leave the home. Your goal is to get sole temporary custody. Refuse to give it to her. If you leave the home, you can be sure she will get it. Maintain a 50-50 status quo throughout. Be sure to ask for her to contribute to child support based on 50/50 arrangement.

She doesn't make enough to even consider child support. A shift or two cashiering a week otherwise staying at home. I wont leave, been in this a year already aware of that. She has been avoiding any progress to seperate trying to get me to move out which I have documented...she does not want to go trial with her history of behaviour in this and is trying to get me to back down to joint custody.

Don't let them screw you over. Stand your ground and keep checking in here when you get bad vibes.
I will for sure. Thank you so much!!!
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  #8  
Old 03-23-2017, 12:06 PM
trinton trinton is offline
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She doesn't make enough to even consider child support. A shift or two cashiering a week otherwise staying at home.
Don't forget that you can request to impute minimum wage income to her based on a full-time work schedule.

Last edited by trinton; 03-23-2017 at 12:08 PM.
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  #9  
Old 03-27-2017, 07:52 PM
Vector Vector is offline
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Can I impute while we cohabit seperated in the matrimonial home?

She covers none of the expenses like when we weren't seperated and has been delaying any movement or progress in the divorce process.

I've even paid tonne to maintain the formerly family vehicle we share that she uses as often as me.

I feel like I am purposely being bled dry of money as a tactic to relent of my claims in the application.
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  #10  
Old 03-29-2017, 01:19 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Vector View Post
So,the CC is set for the end of April I've learned from my lawyer.
That will force the other party to get their act together.

Quote:
Originally Posted by Vector View Post
My soon to be X personally informed me prior though she can't respond or is concerned the meeting will be premature cause she thinks her response needs to include a marriage certificate which she hasn't received in the mail yet. Pretty sure thats not necessary but can anyone confirm.
Not required at all to proceed. It is only needed to grant a divorce and you are very far away from that point!

Its BS.

Quote:
Originally Posted by Vector View Post
My application included asking for ability to sell the MH without her consent if she refuses so we can finally physically separate (she has avoided even getting it appraised when we were trying to initiate the collaborative approach). At the CC my lawyer will be attempting to get a court order for that as well as releasing FACS reports and to get the OCL involved based on my sole custody claim.
OCL isn't the greatest path. Unless there is a clinical issue with the parents or children I would never recommend getting them involved. They waste time, energy and money.

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Originally Posted by Vector View Post
If she refuses to agree to sell, can the CC judge make a court order to proceed with selling the home assuming my lawyer can win the argument or does the judge just comment on that request and we'd have to file a motion for that after?
It would have to go on motion. There are a lot of things to consider regarding the residence. Children reside there and all... Their best interests trump yours every time.

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Also I am assuming this can be done before the final custody is determined...we can proceed this way with temporary custody arrangements in order to physically separate...true?
Judges don't like disrupting the children's primary residence. You could find yourself at the end of a temporary nesting order. Where you live in the house for your residential time with the children and the other parent for theirs until school ends etc...

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I am not entirely sure of this process and trying to get a sense of what to expect.
Things are done in this order:

1. Custody, access and child support.
2. Spousal Support
3. Equalization of Family Property

With #1 being the first step... You are better off securing a 50-50 joint custody access arrangement. You should present a transition for the children from their primary home to any new residences you and the other parent will have to find. You then need to address the issues of spousal support (if applicable). Then and only then will they deal with the house.

They don't force the sale of homes that children are living in. If they do make an order to sell the home it will be in consideration of the children's best interests and not you or the other parent's wants/desires/best interests.

Good Luck!
Tayken
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