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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 05-04-2010, 06:27 AM
Hephzibah Hephzibah is offline
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Default Divorce Final - working on Separation Agreement now

The divorce was granted on 12 August 2009 and would be final in 31 days; however, the legal eagle I hired "forgot" to file the document for 7 months so it didn't become final until April 25. The separation agreement is still trying to be worked out.

Ex's lawyer got court permission to be fired since Ex wouldn't work with him; so Ex has no lawyer. That means we're more or less using the same lawyer - at my expense. She says not to sweat it that she'd be talking to Ex's lawyer and the time I'm billed is about the same.

Ex, like normal, is not producing documents that are needed to finalize the divorce. His last two years' income tax shows he's cashed out several RRSP but he swears he hasn't and still has all of the ones I knew about. He swears his accountant messed up and must have put somebody else's RRSPs on his taxes. He's not producing documents about his retirements or life insurance. We don't know if he's been hiding money but I presume he has been as $7K was missing from our joint savings the last couple of months we were together. What can the court do?

A friend in real estate will be my bank if I want to buy out Ex's portion of the house and turn it into two apartments - one to live in and one to rent to pay the mortgage. This sounds like a great idea to me. I could swing that if he has to pay the legal fees.
The 20th we go to trial and the judge will determine the separation agreement if Ex hasn't cooperated and came up with a plan. I figure Ex will wait until the 19th to try to settle; which will not give me time to get the mortgage in place. Any hints?

The lawyer does not want to ask Ex to pay for my legal fees - says the judge will throw it out anyway. I say it's not fair that we will have been to court eleven times and ex hasn't shown up for five of them.... and I have to pay for her time for him to jerk the courts around. Had he cooperated, the legal fees would have been about $1,500; but they are probably more like $10,000 now (she refuses to tell me). I wonder if she doesn't want to have him pay her because he could claim bankruptcy and she could end up with nothing? Any suggestions to get her to at least ask the court?

I'm finding this very, very frustrating. I find the lawyer's secrecy as frustrating and demeaning as Ex's secrecy. I have tried to find a new lawyer but they won't take such a messed up case with such little capital.
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Old 05-04-2010, 07:26 AM
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dadtotheend dadtotheend is offline
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You won't have to buy him out of the house the second you leave trial. You will be given a month or so to arrange financing.

You have been to court 11 times and it's only cost you $10K? You're getting off lightly.
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Old 05-04-2010, 04:29 PM
Hephzibah Hephzibah is offline
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Quote:
Originally Posted by dadtotheend View Post
You won't have to buy him out of the house the second you leave trial. You will be given a month or so to arrange financing.
Thanks. I guess they'd have to give him a couple weeks to move out, too.

Quote:
You have been to court 11 times and it's only cost you $10K? You're getting off lightly.
That's just an estimate - she won't tell me what I owe. She also gives a 30% discount to women who were in the local shelter.. so that's what I'm estimating.
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