Financial questions post Pendente lite

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Re: Financial questions post Pendente lite

Unread postby a dad » Thu Jan 04, 2018 5:58 pm

What's your court ordered parenting schedule?
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Re: Financial questions post Pendente lite

Unread postby DaddyofOne » Mon Jan 08, 2018 1:23 pm

TJinCA wrote:You want your lawyer to tell you what your marital assets are? How is he going to know unless you provide the data?

Bottom line, your lawyer isn't responsible for this, you are. Easiest way is to make a spreadsheet for yourself. List all of the community property assets (and debts) - bank accounts, property, cars, retirement accounts, loans, credit cards. In one column list the value of each. Then put in a column for how much value goes to you and how much goes to her. Then you can play with the columns until you get a close enough 50-50 split.

My lawyer should have all the data needed to present to me in regards to assets because it was all requested of my STBX before the pendente as part of the interrogatories just like her lawyer requested of me.
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Re: Financial questions post Pendente lite

Unread postby dad2grls » Mon Jan 08, 2018 3:23 pm

DaddyofOne wrote:I took your advice and sent my lawyer an e-mail asking this "Let me know how much time you need for us to build a financial proposal for a buy out that we can send to my STBX's lawyer". She takes a few days and replies with a PDF of a separation agreement asking me to fill it out.

Wow somebody actually took my advice! This could be a first, thanks for letting me know.

That much said it appears your attorney is ignoring you and stalling.

You might need to consider taking a hard line- be more demanding in your requests, take control of your case, and/or find another attorney. I went through 3 attorneys during my divorce.

DaddyofOne wrote: How can I fill this out when I don't know exactly how much of our marital assets are in play here and knowing what I can ask for and how much? I want all our marital assets presented to me so I can asses them and make a proposal myself. I feel like my lawyer wants me to do all the work when I need more information from him first.

Your attorney knows only as much as you tell him or her. They have no knowledge of marital assets other than what you tell them and what your ex hands in as part of her discovery documents. If you are unclear as to what your STBX is declaring as marital assets, simply contact your attorney's office and ask for copies of her net worth statements.

The more work you do the less it will cost you. As far as what assets to put down on the net worth statement.. less is more. Hypothetically speaking of course, if one party knows about assets that the other one doesn't, it would probably be in their best interests not to disclose them unless asked- at which point the person could say "oops I forgot about that one". Better to ask for forgiveness later..
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Re: Financial questions post Pendente lite

Unread postby TJinCA » Mon Jan 08, 2018 6:00 pm

The spreadsheet that ib536 posted a link to is exactly what you need.

If the info in the discoveries is reasonably correct and reasonably well-organized it will probably take you about an hour, maybe two, to summarize marital assets. It's probably easier and less complicated than you think it is.

Or, you can pay your lawyer to do the same thing, they'll take at least as long, probably longer than you would, at their hourly rate. And then you won't really know if they did a thorough and correct job unless you spend the time to go through and cross-check the discovery documentation yourself.
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