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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 05-25-2019, 03:17 AM
Malaika Malaika is offline
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Default She sent an offer to settle

So the ex sent an offer to settle but in the offer, she penalized me for "costs" of her lawyer. Although i agree with the other offers i dont think i should pay any of her legal fees. My question is, since shes offering(thus agreeing) to those orders can i use all those agreed upon orders to get a court order without going to court and costing more?


It seems to me, the ex wants me to pay something, even though shes the one who initiated the case AND stupidly got a lawyer
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Old 05-25-2019, 08:24 AM
rockscan rockscan is offline
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Thats common. You could counter with your own offer with no costs.
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Old 05-25-2019, 09:09 AM
Malaika Malaika is offline
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Thanks rock.

But can i get a temporary court order in the meantime? She will not allow me to see my son without a court order so i need to know if i can prevent her (ie. her expensive lawyer) from going to court by using her offer to settle in a motion without notice. After all, her and her lawyer dont have to be there if im using the very offer they made to get orders made on specific items within the offer.
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Old 05-25-2019, 09:18 AM
rockscan rockscan is offline
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The offers arent seen by the judge until the matter is decided.

If your appearance is for assistance in seeing your son then you can request a temporary order for parenting. More than likely the judge will do this.
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Old 05-25-2019, 12:32 PM
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Janus Janus is offline
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Quote:
Originally Posted by Malaika View Post
After all, her and her lawyer dont have to be there if im using the very offer they made to get orders made on specific items within the offer.
An offer includes every term. One of their terms is "You pay me $x". You do not get to accept half the offer, (unless it was a severable offer, which is almost certainly not the case here).

Just send your own offer to settle that mirrors their terms but leaves out the costs portion. To be clear, that means you send an offer back that has the exact same terms as the one she sent you, except for the one clause you do not like.

That said, sounds like you are desperate to see your kid and would consider almost any offer to settle. I would ensure that you have this read over by somebody to make sure that you are aren't making a mistake. Remember that if you accept this offer to settle, you could be bound by it's terms for the next decade. Don't accept because "it's good now, hopefully I will get more later". There will not be a later. This is all you are ever going to get. Be careful.
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