Reached agreement

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Reached agreement

Postby carledwards » Tue Jul 17, 2012 6:44 pm

W and I were able to hammer out an agreement about custody and assets by ourselves, after I submitted complaint on grounds a few weeks ago. But we were in the middle of extensive discovery and interrogatories and had the scheduling conference and depositions on our calendars. We haven't contacted our attorneys yet, and wondering best way to proceed from here and to stop racking up legal costs, and if we can stop the discovery?
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Re: Reached agreement

Postby BubbaGumpShrimp » Wed Jul 18, 2012 11:05 pm

capslock wrote:Get your attorney to write up an MSA asap and get it signed.


x2. Do this ASAP before she changes her mind. That's only ~$300 (in VA...at least).
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Re: Reached agreement

Postby Guitargrinder » Thu Jul 19, 2012 5:57 am

Caps lock, what is an msa?
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Re: Reached agreement

Postby kal » Thu Jul 19, 2012 5:59 am

MSA = Marital Settlement Agreement
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Re: Reached agreement

Postby hoosier_dad » Thu Jul 19, 2012 7:40 am

capslock wrote:Get your attorney to write up an MSA asap and get it signed.


Also there is a very good reason you want your attorney writing up the agreement instead of hers. You avoid the risk of land mines being inserted into the agreement by her attorney, and you won't save any money since you would need to have it reviewed by your attorney anyway.
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Re: Reached agreement

Postby carledwards » Thu Jul 19, 2012 8:16 am

But all discovery is cancelled I assume once it's signed?

Is there still the mandatory 1 year waiting period living apart as required here
when the contested becomes uncontested before a judge can sign off on it?
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Re: Reached agreement

Postby BubbaGumpShrimp » Thu Jul 19, 2012 9:02 am

carledwards wrote:But all discovery is cancelled I assume once it's signed?

Is there still the mandatory 1 year waiting period living apart as required here
when the contested becomes uncontested before a judge can sign off on it?


The standard waiting period still applies. i.e. In VA...it's 1 year for uncontested where there are children of the marriage. In VA...uncontested and no children of the marriage is six months (if there's a PSA/MSA).
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Re: Reached agreement

Postby Southern.Putter » Thu Jul 19, 2012 7:25 pm

In the MSA, you do need to have some text that clearly indicates that she is represented and advised by an attorney that is different than yours. Some guys have had their MSA's overturned or modified due to the wife later coming back and claiming that she did not have legal counsel, wanted it, but was bullied into using husband's lawyer. Ouch!
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Re: Reached agreement

Postby carledwards » Mon Aug 20, 2012 7:26 am

Unfortunately, her atty disagrees with the agreement we reached together and their proposal now is much higher than we agreed, plus premarital assets are being questioned since they can't be proved with what I have. Would a forensic accountant provide help in that case? Do I try to reach agreement in mediation or keep paying and pushing for trial?
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Re: Reached agreement

Postby defaultuser » Mon Aug 20, 2012 8:07 am

Always try and reach an agreement in mediation. Her attorney isn't looking for a resolution or your wife's interests... They are looking for more money in billable hours (unless your agreement was unfair)...
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