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Derf Derf rating
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09-May-10, 06:10 AM (PST)
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"Divorce Papers"
 
Maybe not the best forum but maybe someone has been down this road.Wife filed and I picked up the papers. She asked for $1500 support, I have no problem with that, the question is do I have to also have to hire an attorney to agree to her terms,or file any papers?
Thx

Derf

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summerrayne summerrayne rating
Member since 27-Apr-09
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09-May-10, 12:21 PM (PST)
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1. "RE: Divorce Papers"
In response to message #0
 
I'm pretty sure you have 30 days from the date you were served to respond.

I would just make an appointment with a paralegal and agree to sign a dissolution judgement; it's cheaper than getting lawyers involved.

If it's an amicable split - it's the best way to go.

I wanted out so bad 6 years ago, I just took some chump change from the equity in the house, my financial services business - and left him with everything else.

That fella showed up on my doorstep 10 years ago with a computer, some clothes - and I gave him nearly all that I had built just to get away from that mess.

Friends and family say I "took it like a man." lol

Best of luck to you.

Divorce - no matter how bad you want it - is never "easy."

It's always Summer at my place! xoxo

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Derf Derf rating
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09-May-10, 07:16 PM (PST)
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2. "RE: Divorce Papers"
In response to message #1
 
I have an appointment with "Divorce for Men Wednesday", I hope I can make this simple, hate to fork out $5K for an attorney if we agree on terms.
Thx
Derf

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digital_fortress digital_fortress rating
Member since 30-Dec-04
6298 posts, 32 feedbacks, 56 points
09-May-10, 09:51 PM (PST)
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3. "RE: Divorce Papers"
In response to message #2
 

Kids involved or no?

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Derf Derf rating
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10-May-10, 05:42 AM (PST)
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4. "RE: Divorce Papers"
In response to message #3
 
No kids ,well one but she is 26

Derf

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wizeguy wizeguy rating
Member since 3-May-04
5819 posts, 116 feedbacks, 224 points
10-May-10, 07:28 AM (PST)
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5. "RE: Divorce Papers"
In response to message #4
 
   How long were/are you married?

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digital_fortress digital_fortress rating
Member since 30-Dec-04
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10-May-10, 08:00 AM (PST)
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6. "RE: Divorce Papers"
In response to message #4
 

If you *think* you're going to agree on most terms, then pay for mediation. That way you both see the same person, who has no bias, and can help negotiate a settlement between the two of you that works.

Mediation worked for me.
Pay a $5,000 retainer out of communal funds, work out a deal within a handful of sessions, and be done with it. You may want to pay your own attorney a couple hours to go over the agreement and sign it for you. But that's about it.

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oldrndguy2
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10-May-10, 02:30 PM (PST)
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7. "RE: Divorce Papers"
In response to message #6
 
   Hirer an Attorney yesterday, if you miss any of the legal timelines you will be trying to get your balls back. It's an emotional time for you, get the best legal advice you can, today.

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digital_fortress digital_fortress rating
Member since 30-Dec-04
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10-May-10, 04:04 PM (PST)
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8. "RE: Divorce Papers"
In response to message #7
 

Which both people can do through a mediation lawyer if you get a good one. Then you're on the same time line talking about the same issues, face to face.

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thruxton thruxton rating
Member since 7-Jun-08
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27-May-10, 08:27 PM (PST)
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14. "RE: Divorce Papers"
In response to message #7
 
last resort. coworker did it that way because other party was evil. she had no choice but to pay and pay and pay (plus, she is paying his lawyer's fees because the guy has no money).

another friend did mediation. although she had to compromise A LOT it was still (probably) cheaper in the end.

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ferdinand ferdinand rating
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10-May-10, 05:56 PM (PST)
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9. "RE: Divorce Papers"
In response to message #0
 
The money you spend for at least a consultation with an attorney to understand the whole process will be the best money you ever spend.

We can also advise you to walk up to a wall and start pounding your head against it. Because that is what you will be doing if you don't at least talk to an attorney.

If you want it to be amicable, just both go see and talk to the same attorney. It is not a matter of fighting, but not getting screwed inadvertently.

No matter which way you slice it, you will be spending some money.

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194670
Member since 5-Sep-08
4618 posts
15-May-10, 00:00 AM (PST)
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10. "RE: Divorce Papers"
In response to message #0
 
"the question is do I have to also have to hire an attorney to agree to her terms"

I would. If you do not get a attorney you very well maybe be kicking your self years later for it.

Stop and think about it in a logical way, you're getting a Divorce. It is very rare to see two people end a marriage with their ex's partners best interest in mind.

There will be a lot of bad feelings come from both of you from here on out. What ever you agree to now will be used against you in the future.

Ok that's my two cents

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culo
Member since 18-Oct-08
896 posts
25-May-10, 01:00 PM (PST)
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11. "RE: Divorce Papers"
In response to message #0
 
  
1) NEVER agree to anything without consulting a lawyer.

2) Support is set by a formula in CA. It is based on your income, her income, mitigating factors. How long you pay is determined by length of marriage. Rule of thumb is half the length marriage for marriages less than 10 yrs. Open ended for LT marriages. See wht the formula gives you before agreeing to her demands.

3) CA is community property. Meaning a 50/50 split of all property gained during the course of the marriage.

It sounds like you had a LT marriage. So fight against paying alimony since it will be an open ended decree - meaning that you will pay a long time. In fact you will pay until you can apply for a modification many years from now. So it may not seem to bad now, 10 years from now you will feel like you are paying for a dead cow.

The tendency is to give in. Guilt? Fatigue? DON'T cave, bargain hard. She is, and you should too. She will lay all sorts of head games on you. Don't fall for it. See is no longer your wife or partner. She is your adversary. She didn't fuck you when you were married, so don't let her fuck you now.


culo is a culo

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Derf Derf rating
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27-May-10, 04:47 PM (PST)
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12. "RE: Divorce Papers"
In response to message #11
 
Ah culo, you made me laugh...great advise and I have followed most of it.
Thanks

Derf

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culo
Member since 18-Oct-08
896 posts
27-May-10, 07:09 PM (PST)
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13. "RE: Divorce Papers"
In response to message #12
 
   >Ah culo, you made me laugh...great advise and I have
>followed most of it.


Gee, I normally have to take my pants off to get a good laugh.


culo is a culo

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HighSteppermoderator HighStepper rating
Member since 26-Aug-06
9919 posts, 171 feedbacks, 316 points
27-May-10, 10:35 PM (PST)
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15. "RE: Divorce Papers"
In response to message #0
 
The key statement I read in you post was, "Wife filed and I picked up the papers"

Let me repeat for emphasis:

WIFE FILED AND I PICKED UP THE PAPERS

Sorry to engage in internet yelling. This means that she and you did not sit down and agree to a amicable divorce and decide to have a joint lawyer or mediator to assist you through the process and meet legal requirements. That option is now closed.

You need to get an attorney who is a certified family law specialist. And hopefully she has a GOOD attorney who is also a family law specialist. Make it clear to your attorney that you don't want to take advantage of her you just don't want her to take advantage of you. It's the fight that runs up the billing for legal service. Bottom line there is nothing your attorney will know that her attorney won't know and ViceVersa . That is why I said, hopefully she has a good attorney, its cheaper in the long run.

As pointed out California support payments is basically formula driven and what was each of your separate property is yours and hers respectively. What came after is 50/50 split. The issue can be complicated in determining just what did belong to who.

If you can pull it off, see if you can figure what the monthly support payments would be over time and negotiate a lump sum payment by adjusting how much more you would giver her out of your share of community property entitlement. The advantage of this is that the court will have no jurisdiction over future support payments to raise it should her situation change. You can better financially plan and don't have to be tied to each other over money issues.

There are a lot of other considerations to much to talk about here in a post.

Good luck. When it is done, look forward to a most enjoyable life. I love my life now.


............................................
Too much sex is still not enough

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Derf Derf rating
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28-May-10, 06:10 PM (PST)
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16. "RE: Divorce Papers"
In response to message #15
 
Your great man, yeah I have hired an attorney in Walnut Creek, he knows her attorney and had some choice words for him, he works at Divorce for Men Only.
Thanks for all of the advice, I cannot wait for this to be over.
Derf

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culo
Member since 18-Oct-08
896 posts
29-May-10, 10:05 AM (PST)
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17. "RE: Divorce Papers"
In response to message #16
 
  

Don't let your desire to put this behind you lead you to cut a bad deal.


culo is a culo

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lurkers lurkers rating
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31-May-10, 07:05 PM (PST)
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18. "RE: Divorce Papers"
In response to message #17
 
   Great advice, Culo.

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Derf Derf rating
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03-Jun-10, 05:14 PM (PST)
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19. "RE: Divorce Papers"
In response to message #0
 
This entire mess is almost over, and I want to thank all the responders, for all the advice and comfort, along the way. Thanks summerrayne for the information, and, Digital_Fortress, Ferdinand,194670, and Culo.
I do not think I will go down that road again, I am too damn old to start over, I bought the convertible I wanted, and am surprisingly content.
I remember some advise a friend gave me once, Jules Duke, he was the developer of Ballena Bay in Alameda, filthy rich but a real down to earth guy, I kept my boat at the marina, he had this great cruiser named Sweet Akole, he used to take back and forth to Hawaii.
We were setting at the bar at the Whales Tail restaurant, one night getting drunk, and he said "if there is one thing I have learned in life it's this, "if it fly's, floats, or fucks, rent it"
I think I just might take his advice.


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digital_fortress digital_fortress rating
Member since 30-Dec-04
6298 posts, 32 feedbacks, 56 points
03-Jun-10, 05:23 PM (PST)
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20. "RE: Divorce Papers"
In response to message #19
 

So what did you ultimately do and how is it all being settled?

I like the quote by the way.

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Derf Derf rating
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03-Jun-10, 08:24 PM (PST)
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21. "RE: Divorce Papers"
In response to message #20
 
$1200 month support, She keeps the condo, it was hers when we got married, so no loss, I keep my savings, 401K one Jaguar, she pays her CC I keep mine, I have a small apt 5 minutes from my office, and I am happy. Not too bad
My attorney says I can re visit the support, any time I want.

Derf

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digital_fortress digital_fortress rating
Member since 30-Dec-04
6298 posts, 32 feedbacks, 56 points
04-Jun-10, 10:31 AM (PST)
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22. "RE: Divorce Papers"
In response to message #21
 

Good that you kept your entire 401K.... way to go on that one.

Is the 1200 open ended? i.e. it never ends? or does she have to get a job at some point to support herself?

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Derf Derf rating
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04-Jun-10, 05:25 PM (PST)
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23. "RE: Divorce Papers"
In response to message #22
 
Well, actuarial tables would indicate she may get another 5 years, I am 63 she is 50, I am also a pragmatist, no one in my family has lived past 70, But my attorney has advised me to periodically file for a review. We have too many mutual friends that will keep me informed, if she gets a real job, or re-marries, plus all of my insurance will go to my step daughter,her biological daughter, just to piss her off, the kid will be named in my will too. Derf

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