Question about starting of a divorce - signing papers

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Question about starting of a divorce - signing papers

Unread postby jblue » Wed Mar 15, 2017 10:22 am

My "wife" and I are getting a divorce apparently ( I dont want to...but it is what it is). Anyway, she emailed me papers to print and fill out : Financial Affidavit and Parenting Plan. They need to be notarized.

She says these have to be filled out and then the lawyer will print up the UNCONTESTED divorce papers (we have a son together). ... am I okay in filling this info out??? I am thinking of going for custody...and maybe even not going along with the divorce (to hopefully push for marriage counseling). but i just wanted to know if it is safe to do these papers....

and Im guessing i do not give them to her (as im sure she wont want to show me her papers/financials)

Thanks for any advice.
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Re: Question about starting of a divorce - signing papers

Unread postby lionel2013 » Wed Mar 15, 2017 10:31 am

jblue wrote:My "wife" and I are getting a divorce apparently ( I dont want to...but it is what it is). Anyway, she emailed me papers to print and fill out : Financial Affidavit and Parenting Plan. They need to be notarized.

She says these have to be filled out and then the lawyer will print up the UNCONTESTED divorce papers (we have a son together). ... am I okay in filling this info out??? I am thinking of going for custody...and maybe even not going along with the divorce (to hopefully push for marriage counseling). but i just wanted to know if it is safe to do these papers....

and Im guessing i do not give them to her (as im sure she wont want to show me her papers/financials)

Thanks for any advice.


You cannot avoid the divorce if she is filing - there's nothing you can do, unfortunately. If you refuse to respond to her divorce petition all you will achieve is wasting time and money.

That being said though ... she is jumping way ahead of herself. What you need to do now is

- retain a lawyer, ASAP. Remember, just because she wants it uncontested doesn't mean it will end up that way. You need your own lawyer, you can't have just one for the both of you.
- after you retain the lawyer, have him review the petition for dissolution of marriage and then respond

You are "thinking" of going for custody? Really? Thinking? What custody is that, what do you mean?
And why did you write "wife" with quotation marks?

Seems to me you have no idea what you are doing. Start educating yourself and really define what kind of parenting plan you want. Most importantly, do not sign any papers before you retain your own counsel. None. Zero.
Whenever you think divorce is bad, remember there are worse things than divorce.
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Re: Question about starting of a divorce - signing papers

Unread postby gamingdad » Wed Mar 15, 2017 11:02 am

What state are you in?
How many children?
Are you both still living together?
Don't move out.
Get a digital audio recorder and have it running at all times.
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Re: Question about starting of a divorce - signing papers

Unread postby jblue » Wed Mar 15, 2017 11:17 am

gamingdad wrote:What state are you in?
How many children?
Are you both still living together?
Don't move out.
Get a digital audio recorder and have it running at all times.


Florida
1 son
She moved out just over a year ago and took the baby (2 now)


lionel2013 wrote:
jblue wrote:My "wife" and I are getting a divorce apparently ( I dont want to...but it is what it is). Anyway, she emailed me papers to print and fill out : Financial Affidavit and Parenting Plan. They need to be notarized.

She says these have to be filled out and then the lawyer will print up the UNCONTESTED divorce papers (we have a son together). ... am I okay in filling this info out??? I am thinking of going for custody...and maybe even not going along with the divorce (to hopefully push for marriage counseling). but i just wanted to know if it is safe to do these papers....

and Im guessing i do not give them to her (as im sure she wont want to show me her papers/financials)

Thanks for any advice.


You cannot avoid the divorce if she is filing - there's nothing you can do, unfortunately. If you refuse to respond to her divorce petition all you will achieve is wasting time and money.

That being said though ... she is jumping way ahead of herself. What you need to do now is

- retain a lawyer, ASAP. Remember, just because she wants it uncontested doesn't mean it will end up that way. You need your own lawyer, you can't have just one for the both of you.
- after you retain the lawyer, have him review the petition for dissolution of marriage and then respond

You are "thinking" of going for custody? Really? Thinking? What custody is that, what do you mean?
And why did you write "wife" with quotation marks?

Seems to me you have no idea what you are doing. Start educating yourself and really define what kind of parenting plan you want. Most importantly, do not sign any papers before you retain your own counsel. None. Zero.


You are correct, i do NOT have any idea what I am doing...hence why I am looking for information and came here. I am THINKING of going for custody - as in...I do not have any money... I am afraid that being the Father leaves me at a disadvantage even though it's not supposed to.
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Re: Question about starting of a divorce - signing papers

Unread postby Timeflies » Wed Mar 15, 2017 12:39 pm

Get an attorney. I will pm you with an attorney who works through out Florida. I struggled with my first and after doing a lot of searching found him. He will fight if you need to fight.
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Re: Question about starting of a divorce - signing papers

Unread postby jblue » Wed Mar 15, 2017 12:50 pm

Timeflies wrote:Get an attorney. I will pm you with an attorney who works through out Florida. I struggled with my first and after doing a lot of searching found him. He will fight if you need to fight.



Thank you SO MUCH! I appreciate it! How expensive?? ::gulp::
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Re: Question about starting of a divorce - signing papers

Unread postby Tom Kirkpatrick » Wed Mar 15, 2017 12:54 pm

jblue wrote:She says these have to be filled out and then the lawyer will print up the UNCONTESTED divorce papers.....
Right....."she says." I'll bet a week's pay "she" makes no mention of a parenting plan.

Translation for "the lawyer" = "Her lawyer." Be careful of word usage, Bro.

Rule #1 - Never take legal advice from your STBX.

Rule #2 - Get your own attorney.

Rule #3 - Maintain radio silence. You must never tip your hand.

jblue wrote:I am thinking of going for custody.....
Florida is a 50/50 state. Do not sign anything until you've got a parenting plan locked in.

BTW - 50/50 is considered best interest.

Tom
Everyone is entitled to my opinion. - Maxine™
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Re: Question about starting of a divorce - signing papers

Unread postby Timeflies » Wed Mar 15, 2017 12:58 pm

jblue wrote:
Timeflies wrote:Get an attorney. I will pm you with an attorney who works through out Florida. I struggled with my first and after doing a lot of searching found him. He will fight if you need to fight.



Thank you SO MUCH! I appreciate it! How expensive?? ::gulp::


Very reasonable and won't play games like I've dealt with other attorney's. Tell him what you want and he will make it happen. He won't make promises he can't keep. And will be honest about what he can do. Did you get my pm?
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Re: Question about starting of a divorce - signing papers

Unread postby lionel2013 » Wed Mar 15, 2017 1:02 pm

I am THINKING of going for custody - as in...I do not have any money... I am afraid that being the Father leaves me at a disadvantage even though it's not supposed to.


Please elaborate a bit. Do you have a job, or are you unemployed? What do you mean, "I am afraid that being the Father leaves me at a disadvantage even though it's not supposed to"? You're not making much sense - is English your second language?

But if I were to try to guess what you mean: never mind your expected emotional attachment to your child - but if finances are of concern, then you definitely want at least 50/50 custody, because otherwise you'll be paying child support.

Stop listening to your "wife" [why the quotes? another ESL thing?], get your own lawyer, and do not sign or agree to anything, especially custody, before you have your won legal representation - not wifey's.
Whenever you think divorce is bad, remember there are worse things than divorce.
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Re: Question about starting of a divorce - signing papers

Unread postby lionel2013 » Wed Mar 15, 2017 1:06 pm

I will pm you with an attorney who works through out Florida.


jblue, are you serious? How exactly does that attorney work "throughout Florida"? Where does this super-lawyer live? In an RV, driving "throughout Florida"? What if he lives in, say, Pensacola, and the OP lives in Miami? Who pays for travel time to and from the court?

This is one of the most absurd things I've heard in a long time on this board.

OP: you need to get an attorney based in the county where the divorce will be filed, or adjacent - not one "who works through out Florida", LOL. Or maybe jblue meant that that lawyer is licensed to practice in FL - that's a totally different thing.
Whenever you think divorce is bad, remember there are worse things than divorce.
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