Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #11  
Old 04-19-2012, 11:36 PM
RemarriedDadof2 RemarriedDadof2 is offline
Junior Member
 
Join Date: Apr 2012
Posts: 12
RemarriedDadof2 is on a distinguished road
Default Few suggestions....

Hey,

I've been where you are Margaret-Krupa. I initially started out with a lawyer during the initial separation phase. Now that I'm out of money, I'm representing myself (trying to get more access to my kids). I'll offer some general suggestions on the house.

My suggestions to you are as follows:

"I will be able to properly respond to your letter before end of July, 2012".
Don't box yourself in. Leave things open. I suggest: "Due to aforementioned circumstances, I will attempt to respond to your letter before end of July, 2012."

You quoted other lawyer's letter: "Your husband will keep the 2002 Honda and tools, while you will have a choice of most of the furniture and contents of the home."
First of all are you ok with ex keeping the car and tools? What condition is this car in? How many "tools" are we talking about here? A Canadian Tire 5-screwdriver set is worth nothing. A garage full of auto tools (especially if there are air tools) are potentially worth lots of $$. Lookup the Kelly Blue Book value for the car, find out (if you can) how many tools are being kept by ex) and ensure you are getting a fair trade with the furniture and house contents. No offence intended, but used furniture is worth almost nothing. Ensure you are getting a fair deal.

"I ask that you change this phrase to "all furniture and contents of the home" or list each item which Mr. K feels I can take with me." Should I not hear from you by April 30, 2012 I will understand that you are in agreement with my requests." I agree with you that ex's lawyer should change the terminology, but the burden of proof (so to speak) should be put on the ex. Let ex's lawyer detail what he wants. Anything not detailed is fair game. Anything detailed that you want is up for negotiation. However a lack of response cannot be used as agreement or consent to anything. So I would take out the last part about them being in agreement if they don't respond. (As a side note, although some lawyers may try this against you, a lack of response on your side doesn't constitute an agreement either.) Just request that they respond by a given date.

That's my advice. Hope it is helpful.

Wish you all the best...
  #12  
Old 04-20-2012, 06:26 AM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,666
standing on the sidelines is on a distinguished road
Default

if i got a letter saying i had two weeks to respond to requests and in the same letter the person says they will respond to the orginal letter in 3 months I would tell them to stuff it. More fair for each to have the same time frames to respond to things.
  #13  
Old 04-21-2012, 01:25 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

Quote:
Originally Posted by RemarriedDadof2 View Post
Hey,

I've been where you are Margaret-Krupa. I initially started out with a lawyer during the initial separation phase. Now that I'm out of money, I'm representing myself (trying to get more access to my kids). I'll offer some general suggestions on the house.

My suggestions to you are as follows:

"I will be able to properly respond to your letter before end of July, 2012".
Don't box yourself in. Leave things open. I suggest: "Due to aforementioned circumstances, I will attempt to respond to your letter before end of July, 2012."

You quoted other lawyer's letter: "Your husband will keep the 2002 Honda and tools, while you will have a choice of most of the furniture and contents of the home."
First of all are you ok with ex keeping the car and tools? What condition is this car in? How many "tools" are we talking about here? A Canadian Tire 5-screwdriver set is worth nothing. A garage full of auto tools (especially if there are air tools) are potentially worth lots of $$. Lookup the Kelly Blue Book value for the car, find out (if you can) how many tools are being kept by ex) and ensure you are getting a fair trade with the furniture and house contents. No offence intended, but used furniture is worth almost nothing. Ensure you are getting a fair deal.

"I ask that you change this phrase to "all furniture and contents of the home" or list each item which Mr. K feels I can take with me." Should I not hear from you by April 30, 2012 I will understand that you are in agreement with my requests." I agree with you that ex's lawyer should change the terminology, but the burden of proof (so to speak) should be put on the ex. Let ex's lawyer detail what he wants. Anything not detailed is fair game. Anything detailed that you want is up for negotiation. However a lack of response cannot be used as agreement or consent to anything. So I would take out the last part about them being in agreement if they don't respond. (As a side note, although some lawyers may try this against you, a lack of response on your side doesn't constitute an agreement either.) Just request that they respond by a given date.

That's my advice. Hope it is helpful.

Wish you all the best...
Thank you very much RemarriedDadof2. I really appreciate your input. I am making changes to my letter and I have also consulted a lawyer yesterday ( I consider myself lucky to have found a lawyer willing to give me a free consultation and I was really impressed that he did not try to "push" me into any legal wrangling but suggested I resolve this issue quickly by agreeing to most of what my husband wants. I am however, not sure if this is what I should do so I am consulting another lawyer next week - two opinions is better than one, yes?) and he suggested that I do not ask for such a long extension but simply write that I will respond at a later date. I am not sure if I want to do that. But I thank you again for your suggestions!
  #14  
Old 04-21-2012, 01:27 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

Quote:
Originally Posted by standing on the sidelines View Post
if i got a letter saying i had two weeks to respond to requests and in the same letter the person says they will respond to the orginal letter in 3 months I would tell them to stuff it. More fair for each to have the same time frames to respond to things.
Good point! I do not know why I did not think of that - I admit it would sound quite rude on my part! Thank you for mentioning this to me!
  #15  
Old 04-24-2012, 02:48 PM
Margaret-Krupa's Avatar
Margaret-Krupa Margaret-Krupa is offline
Member
 
Join Date: Mar 2010
Location: Burlinton, Ontario
Posts: 52
Margaret-Krupa is on a distinguished road
Default

I can see that my personal information still has not been removed from my post dated April 18, 2012. It has been almost a week now! I wonder if anyone knows how to contact the Administrator/Moderator via telephone or email directly?
Closed Thread

Tags
letter, response, separation agreement


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Responding to a Draft order; Timelines? CycleDad Divorce & Family Law 6 02-03-2011 01:12 PM
is the decision final or biased by letter from lawyer forcedtobemyownlawyer Introductions 4 01-14-2011 11:49 PM
Response to a Counterclaim Roni Divorce & Family Law 2 12-10-2010 03:08 AM
LV-Is this substance for disputing a Draft Order McBroke Divorce & Family Law 4 01-03-2007 11:26 PM
Draft Order -Rule 25-LV does it apply? McBroke Divorce & Family Law 2 12-17-2006 01:42 AM


All times are GMT -4. The time now is 05:25 AM.