hi all, i posted a reply on another thread, but then i realized this post stood out on it's own and i had a couple of questions. here is the copy of my post. any insight into my hcp ex would be appriciated.
I am self reping and my common law ex is a hcp. in order to keep me from maintain my home she got a protection order against me. I was very flustered when this happened but i let a few days go by digesting the info, and i decided i wasn't going to lay down and die. I filed an affidavit speaking to that order and because of her distortion campaign, i was able to easily with a mountain of evidence disprove every single claim.
We are heading to a judicial case conference where i believe "the writing will be on the wall" so to speak. the other side is now back pedaling ie suddenly claiming that we were never spouses (we were together ten yrs, come on!) and that i have never owned the house (for which i am on title as a joint tenant) and am asking 50% of, even going as far as saying that i lived "rent free" for many years (how do you rent a house you own?)
her arguments keep changing. she keeps trying to scare me. reminding me that costs may be ordered against me, and that trial would be very costly, that by accepting their settlement offer i can release myself from a "mutual spousal support claim" and that my income would be monitored for many years (she makes three times as much as me and has for years). thing is, if she somehow tried to go for ss, she would have to change all of her pleadings, and it would cost her thousands to her lawyer.
I am currently reading alot about hcp's in court and my ex reads like a textbook case. these threats only show me that A) she wants to try and somehow stay in my life, and B) her lawyer after reviewing the evidence i have submitted realizes that my ex would never make a good witness because everything she has said is a lie.
the only thing i am really wondering is that my stance has never altered. i am by far the more reasonable one, asking for a 50/50 split, and she is asking to keep the whole house, everything in it, the vehicles (2), and is asking for costs. they on the other hand seem to , weekly at this point, be changing what they are asking for, making new claims, and somehow seem to be all over the map. is it a tactic to make me confused and wonder what they are really arguing? or is it that in light of all her fabricated stories, false accusations and outright lies, her lawyer doesn't really know how to argue and they are just throwing random stuff out there hoping ill scare?
self reping is hard, but in a way im happy to be doing this on my own. as you correctly stated, i know my case better than anyone, and ive read up on alot of case law, and many articles. i know the family court rules well, the only thing im lacking is actually being in a court room which soon i may have to learn. im okay with that. when i first started out i was lost but now im realizing just how much ive learned, and im excited. i know ill never know as much as a lawyer, but im confident that i know more that alot of people who self rep thinking they can "wing it". can anyone offer thoughts on my questions above about there strategy? thanks
I am self reping and my common law ex is a hcp. in order to keep me from maintain my home she got a protection order against me. I was very flustered when this happened but i let a few days go by digesting the info, and i decided i wasn't going to lay down and die. I filed an affidavit speaking to that order and because of her distortion campaign, i was able to easily with a mountain of evidence disprove every single claim.
We are heading to a judicial case conference where i believe "the writing will be on the wall" so to speak. the other side is now back pedaling ie suddenly claiming that we were never spouses (we were together ten yrs, come on!) and that i have never owned the house (for which i am on title as a joint tenant) and am asking 50% of, even going as far as saying that i lived "rent free" for many years (how do you rent a house you own?)
her arguments keep changing. she keeps trying to scare me. reminding me that costs may be ordered against me, and that trial would be very costly, that by accepting their settlement offer i can release myself from a "mutual spousal support claim" and that my income would be monitored for many years (she makes three times as much as me and has for years). thing is, if she somehow tried to go for ss, she would have to change all of her pleadings, and it would cost her thousands to her lawyer.
I am currently reading alot about hcp's in court and my ex reads like a textbook case. these threats only show me that A) she wants to try and somehow stay in my life, and B) her lawyer after reviewing the evidence i have submitted realizes that my ex would never make a good witness because everything she has said is a lie.
the only thing i am really wondering is that my stance has never altered. i am by far the more reasonable one, asking for a 50/50 split, and she is asking to keep the whole house, everything in it, the vehicles (2), and is asking for costs. they on the other hand seem to , weekly at this point, be changing what they are asking for, making new claims, and somehow seem to be all over the map. is it a tactic to make me confused and wonder what they are really arguing? or is it that in light of all her fabricated stories, false accusations and outright lies, her lawyer doesn't really know how to argue and they are just throwing random stuff out there hoping ill scare?
self reping is hard, but in a way im happy to be doing this on my own. as you correctly stated, i know my case better than anyone, and ive read up on alot of case law, and many articles. i know the family court rules well, the only thing im lacking is actually being in a court room which soon i may have to learn. im okay with that. when i first started out i was lost but now im realizing just how much ive learned, and im excited. i know ill never know as much as a lawyer, but im confident that i know more that alot of people who self rep thinking they can "wing it". can anyone offer thoughts on my questions above about there strategy? thanks
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