MWC_LifeBeginsAt40 Posted January 25, 2010 Posted January 25, 2010 I finally got off my butt and filed for divorce after 4 1/2 years of an amicable separation. All the assets were divided at the time of separation, the kids are very well cared for 50/50 custody, we both pay for everything and there have been no disagreements. We did not sign a separation agreement because here it is not necessary... legal separation occurs after living apart for six months and divorce can be granted after a year. When I told my lawyer I wasn't asking for anything, just the divorce, that is how she filed it. Just the divorce, and she did not put anything in about child care. I offered my financial info and was told she would get it from me "if needed". You would think a lawyer would KNOW what the judge is looking for! I sure as heck didn't. My ex signed the papers a month later and because of a mix up at the court(excuse from my lawyer) the certificate was not ordered for several weeks. Finally it came, we signed more stuff, and then the judge said wtf is this? No financial info? grrrrrr So we sent it all in the next day, and for some reason the judge thinks there is a significant discrepancy in our incomes and that I should be asking for child support. Now the judge is pisst at my lawyer so I'm the one being screwed over. Every delay costs a month and probably $$$. So we finally drew up a Sep Agreement stating that my ex would pay me $49/ month child support (ridiculous!). Now with that, he will not be able to claim one child on his tax return, costing him another $1500 per year! I also find out my lawyer is going on leave, so I had to use her colleague (just out of school). I was told that this would be completed in August/09. It is now almost Feb and my bf and I are talking about spring/summer wedding plans (no engagement ring yet because he is waiting to be sure my D goes through before we announce or plan anything). I don't want to go to a new lawyer at this point because then I will have to file a new petition and wait another month and will be back to last October. so frustrating! Any experiences out there where you just wanted to make it legal???
phineas Posted January 25, 2010 Posted January 25, 2010 My STBXW wants uncontested. She wants to do one lawyer instead of two (so i can pay for it) fine by me. Except, she filed first. which means we either use her lawyer or we start over with my lawyer. Either way, someone is loosing a small deposit. I don't care either way. Because the courts will be deciding child support. As long as everything is clearly documented in terms of salary between us & actual time of custody (i have the kids just a little bit more than her.) Then the courts will get to correct info & I won't wind up loosing my home due to extraneous child support. Our lawyers (same building, different law firms) quoted us both $1,000 to file paperwork & keep us from actually going in front of a judge. My STBXW is willing to go uncontested just so she doesn't have to go in front of a judge. Ok with me. If it were me, I would of found a different lawyer the first time they screwed up the paper work.
Author MWC_LifeBeginsAt40 Posted January 25, 2010 Author Posted January 25, 2010 i paid $1000 up front as well, and I indicated I didn't want to spend any more than that. She didnt' think it would be more... but.... Yeah, in hindsight I should have gotten a new lawyer, and now that I had to see her colleague, I asked him why she didn't file financials or child care info the first time and his reply was maybe she thought she could slip it past the judge! My ex is not using a lawyer either. Also up here, since a judge has been assigned to our divorce, it doesn't matter what lawyers we use, that judge will see it through but we are not required to appear... although maybe that would have been a positive move!
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