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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 07-06-2010, 06:20 PM
hrobins hrobins is offline
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Default Stupid question but need to ask it

Its a stupid question, but I need to ask this to find out if there is anything I can do. My wife is now giving away our pets and I want to know how I can stop her. My lawyer is telling me that it would be too expensive to try to get him to do it, I am curious if there is anything I can do or if I can do any leg work to get custody of our cat. She has already given away our dog. Yes, I know they are just animals but they mean a lot to me and they are a part of my family.
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Old 07-06-2010, 07:33 PM
logicalvelocity logicalvelocity is offline
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I'm curious as to which statute the lawyer would be relying upon ... Save your coin.

Perhaps, write the individual and express your interest to keep the pet(s). Additionally, Make an Offer to purchase. If they refuse - they sure appear to be vindictive which may have impact on some other outstanding issues.
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Old 07-06-2010, 08:09 PM
Mess Mess is offline
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However much we love our pets, animals are property. Some couples spend all their savings fighting over the pets. If she doesn't want them, then they should be yours. This would be instantly recognized in court, but if you want to avoid the cost of court I would suggest you write a formal letter to the individuals that received the pets stating that you are the legal owner of the animals, that your ex has given them away out of malice, and you would like to reconcile the situation with them without resorting to legal action, and before they become too attached to the animals.
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Old 07-06-2010, 09:09 PM
HammerDad HammerDad is offline
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Quote:
Originally Posted by Mess View Post
However much we love our pets, animals are property. Some couples spend all their savings fighting over the pets. If she doesn't want them, then they should be yours. This would be instantly recognized in court, but if you want to avoid the cost of court I would suggest you write a formal letter to the individuals that received the pets stating that you are the legal owner of the animals, that your ex has given them away out of malice, and you would like to reconcile the situation with them without resorting to legal action, and before they become too attached to the animals.
Agreed.

Write her, her lawyer and the people who got the animals a letter stating that the animals are marital property and that you do not consent to them being sold, given away or otherwise disposed of.

If your wife doesn't want them, they are yours by default.
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Old 07-07-2010, 03:48 AM
hrobins hrobins is offline
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Well she has not replied back to my email to her.Here lies another question, my lawyer said it would be too expensive for him to try, but what if I write a formal letter to her lawyer myself on this issue? Would that cause an issue with my lawyer on the divorce matter?
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Old 07-07-2010, 06:50 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by hrobins View Post
Well she has not replied back to my email to her.Here lies another question, my lawyer said it would be too expensive for him to try, but what if I write a formal letter to her lawyer myself on this issue? Would that cause an issue with my lawyer on the divorce matter?
i do not think it would, you are just bypassing one of the middle men. If your lawyer does say anything just tell him that he is still handling the main divorce, you just want your pets and she is getting rid of them.

I feel for you, I had an issue with my ex husband. We had two cats and he wanted one, when he moved out, even though he worked odd hours and slept when not working. He would maybe have an hour at home when he ate, bathed and then he went to sleep. I had more time for the animal, the two cats got along great playing and hanging around like cats do. In the end we decided that the best place for both cats was with me.
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Old 07-07-2010, 08:50 AM
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When you are represented, the correspondence is supposed to go between lawyers, your lawyer is accepting service for you (ie court papers). There is no law that says you can't write her lawyer, but her lawyer will very likely not respond to you, but to your lawyer.

You can write, call, email your ex and negotiations between you and her can go on between you.

If you write her lawyer a) make sure you note that you are writing over this one side issue only and your own lawyer is still representing you; b) don't expect a response, her lawyer may prefer to continue to deal with your lawyer otherwise it gets too complicated.
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Old 07-07-2010, 09:12 AM
billiechic billiechic is offline
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That is horrible! You definitely should do something to get your pets back! Good advice above...use the words "marital property" as suggested..

My ex used to threaten to give away my dog..said I would pick her over him..for once he was right!
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Old 07-07-2010, 10:44 AM
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billiechic said:

My ex used to threaten to give away my dog..said I would pick her over him..for once he was right!

Haha!
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Old 07-07-2010, 10:27 PM
hrobins hrobins is offline
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Well my ex sent me a very nasty response:

1st email :

Must be nice to be so perfect Howard, I didn't promise you Charlie, I did how ever promise Smokey if i couldn't look after her. His name isn't Henry... And yes i will be forwarding this letter including what i have sent you in response. Fight don't fight what ever you want to do, You want the phone Pay me back what i paid for it then, cause i did pay half the other half went on the phone bill and cause its under your name you think you can threaten me with it. I have showed all the text messages to my lawyer and i am keeping track of the e-mails and if you message me in any other way i will be keeping those as well and will send them to my lawyer. Do not harrass me either you got what you wanted me and the kids are gone. So lets finish the divorce and i will be totally out of your hair.... That is all i have to say and will not respond to any more messages.... Its not MY WAY, I am willing to do what the law says for me to do, I am sure by now i am spread all over the internet in blogs... but that is ok cause I will not retaliate and do the same. Good bye and I wish you well. I

2nd email
you are the one who is escalated the divorce, i just want it to be over your the one who wants the phone again you can have it when you pay me what i paid for it which was half of it the other half got put on the phonebill. You want this divorce to get ugly, I have left you alone so nothing gets started but yet you continually try to find every way to harass me from the phone which you turned off (which by the way fell in a toilet out of my pocket) to e-mails. So i will give you the phone but not to you personaly if i give it up it will be to my lawyer cause i don't want to deal with you no phone calls, no e-mails. I will also befarwarding this e-mail to my lawyer. and keeping it in records so if we go to court i will show them that you have been threatening me and if i can find a way to get all the text messages that have been sent as well.


FM please feel free to move where you need to see fit, I guess the question is now what do I do now? How do I handle the threat she made of sending this her lawyer etc? And the cellphone she speaks of was paid by me not her, she only paid her cell phone bill for two months and then stopped because she refused to pay her part. I even told her it was going to happen and then said that I am trying to control her. So I guess this has go way off topic, but I like to know what to say to my lawyer if anything can be done?
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