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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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Old 03-02-2019, 10:04 AM
tilt tilt is offline
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I am the applicant, at my Trial Scheduling conference the Judge Ordered that I could amend my pleadings by a certain date, and that the Respondent Answer by a week later. I filed my simple Pleadings but the Respondent then filed their own amended pleadings, including items that have been settled on Consent with final Orders just a few months ago.

Am I reading the Rules correctly that Final Orders should be addressed via Motion to Change? Their pleadings are a bit of a mess.
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Old 03-04-2019, 11:56 AM
iona6656 iona6656 is offline
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so they were outside the prescribed timeline?

someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.

HOWEVER, if they are outside of the prescribed timelines- I think you can bring a motion to say their amended pleadings should not be admitted.

Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?

Do you have a lawyer?

Last edited by iona6656; 03-04-2019 at 12:27 PM.
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Old 03-04-2019, 02:02 PM
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Tayken Tayken is offline
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so they were outside the prescribed timeline?
Generally, they don't apply the rules very hard to them. They are not sworn statements and change over the course of a matter. Fighting over them is a waste of time. The court will always allow late submissions on them...

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someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.
Correct. Say parties agree to a final settlement on custody and access and only equalization exists. They should update their pleadings as they are not asking the court for an order with regards to this.

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HOWEVER, if they are outside of the prescribed timelines- I think you can bring a motion to say their amended pleadings should not be admitted.
Waste of time. Courts always allow them.

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Originally Posted by iona6656 View Post
Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?

Do you have a lawyer?
The court will ignore the pleadings or make them update them to remove things that have been settled FINAL. If you settle things final then you need a material change in circumstance to change them.

Pleadings are the most ignored paperwork in family court.
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Old 03-07-2019, 11:30 AM
tilt tilt is offline
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Thanks, yes they were within the timelines but put things in that have been settled in a Final order. I don't want to spend time/energy/money on research/documents for pleadings that should actually be subject to a Motion.
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Old 03-09-2019, 10:39 AM
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Thanks, yes they were within the timelines but put things in that have been settled in a Final order. I don't want to spend time/energy/money on research/documents for pleadings that should actually be subject to a Motion.
Motions rely upon the motion request. Pleadings are for trial generally.
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