Login|Contact Us
Question and Answer

Family Law

Ask a Family Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Need advice on settlement conference. Going through divorce.

 
PaulMJD's Avatar
  • Answered by:PaulMJD
  • Lawyer
  • Positive Feedback: 98.4 %
  • Accepted Answers: 8834
Verified Expert
in Family Law

Recent Feedback

Positive
he is the only lawyer who even tried to answer me which i appreciated as i am a...
Positive
fast complete answer--enjoy working with this guy--give him a raise
Positive
quick concise answwer
Positive
Thank you for your promptness and knowledgeable response.
Positive
I feel PaulMJD really went out of his way to point me in the right direction...
Positive
Sir, you have been most helpful, thank you.
Positive
He was very accurate and to the point. i felt like he gave me very good advice...
Positive
I want to say THANK-YOU for the legal advice that you gave to me. It helped me...
Positive
sometimes I just hate the answers I get--but you guys all sure know your stuff--
Positive
The response was in layman terms of which I could understand. I am also pleased...

Customer Question

Need advice on settlement conference. Going through divorce. Husbands attorney wants to meet before settlement conference. She asking for item of discovery? What is your advice on it.

 

Optional Information:
Country relating to Question: United States
State (if USA): Washington

Submitted: 333 days and 18 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
Picture
Expert:  PaulMJD replied 333 days and 18 hours ago.

What are they asking you to produce?

Customer replied 333 days and 18 hours ago.

I have no idea what they want

Accepted Answer

Picture
Expert:  PaulMJD replied 333 days and 18 hours ago.

Under the discovery rules the two parties are expected to cooperate with discovery and supply discoverable information. If they want discovery, then the attorney has to tell you what they want and you need to ask them. If they will not tell you, then you have no duty to meet them before the settlement conference or to give them anything before the conference if they do not ask for it and/or if what they are seeking is not something that is reasonably part of discovery. The court will not expect you to "fly blind" so to speak, so even if they complain if you can show they did not communicate with you about what they were seeking the court will not take action against you.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer OR the HAPPY SMILEY FACE. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.4 %
Accepts: 8834
Answered: 5/12/2012

Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Ask this Expert a Question >
Customer replied 333 days and 18 hours ago.

Ok. What advice do you have for the settlement conference itself.

Accepted Answer

Picture
Expert:  PaulMJD replied 333 days and 18 hours ago.

For the settlement conference, you need to realize that the term "settlement" means that neither party may be happy with the results but the results are something they can live with even if they do not like them. Thus, you need to set out for yourself your maximum goals you want to get out of the settlement and then you need to be very objective and realistic as to what the absolute minimum you would take, even though you would not be happy about taking it. Look at your minimums from the perspective of the other party, which is tough to do, but necessary. You are going to have to be willing to give up some things you may want to get other things and you have to prioritize the items that are most important to you. Also, if the other side is not compromising at all, then you should react in the same manner.

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.4 %
Accepts: 8834
Answered: 5/12/2012

Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Ask this Expert a Question >
Customer replied 333 days and 17 hours ago.

I was married for 13 yr

Homemaker/student

We have 3 cars

We have 1 home

some miscellancious items (furniture)

My husband is US army solider whose suppose to medically retire

1)What are my entitlement in the divorce

2) What will be the best potential outcome for me

Accepted Answer

Picture
Expert:  PaulMJD replied 333 days and 17 hours ago.

Under WA law, it is a Community Property state, so you are entitled to 1/2 of all of the assets that were brought into existence in the course of the marriage. The military pension is a problem, since anything he receives for disability cannot be divided, but the portion he receives for loss of income or retirement income can and it requires an attorney who is familiar with military pensions to examine that to make a determination. You would also be likely entitled to some spousal support if you can prove a need, based on being a homemaker.

So, you would have 1/2 interest in the house, you would likely split the cars and either sell the 3rd or get 1/2 value of it if you give it to him. Spousal support is based on your actual needs and his income, so you need to determine what those needs realistically would be. You would also be entitled to 1/2 of any bank accounts or investment accounts.

The best potential outcome I cannot properly tell you because I really do not know enough about the whole situation and that has to be a decision you make and it would not be fair for me to even guess at it I am afraid.

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.4 %
Accepts: 8834
Answered: 5/12/2012

Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Ask this Expert a Question >
 
Tweet

7 Family Lawyers are Online Right Now

Ask Your Question Now
Ask A Family Lawyer
Type Your Family Law Question Here...
characters left:

Top Family Law Experts

See More Family Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Family Law

  • Domestic Violence Laws
  • Questions about Tenants in Common Law
  • Foster Adoption & Fost-Adopt Questions
  • Motion for Discovery Questions
  • Interrogatories and related Questions
  • Marital Status Questions
  • Marital Settlement Agreement
  • Custody Rights Questions
  • Order of Protection Questions
  • Plenary Guardianship Questions
All Family Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
176 Family Lawyers are Online Now
Type Your Family Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC