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Recent Collaborative Law questions

I am in the middle of a divorce with my wife, and she is now

I am in the middle of a divorce with my wife, and she is now telling me she will not sign the papers. I am looking for more information on how I move forward from here without her signature. We live in New Hampshire, and we do not have children but own a house together, if that matters. I am also wondering if someone can give me a general idea of the cost, and the difference in cost between that and a divorce with both signatures. Thank you for your help.

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Christopher B, Esq.

Attorney

Juris Doctor

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I have a Mediated Settlement Agreement governing child custody,

I have a Mediated Settlement Agreement governing child custody, and it includes this clause:In the event of a future modification action where the Court FINDS that FATHER'S claims are without merit, frivolous and/or brought in bad faith, then FATHER shall be ORDERED to pay attorney's fees to MOTHER in an amount not less than $25,000.00. IT IS FURTHER ORDERED that the attorney's fees shall be enforceable as child support. The Court FINDS that the parties agree and IT IS ORDERED that the amount of attorney's fees that is agreed upon by the parties herein is not intended to limit the Court's authority to award attorney's fees in a greater amount, as may be appropriate, based on the fees incurred, actions of the parties and the best interests of the children.Mother has spent close to 1/4 million dollars in legal fees to prevent me having reasonable custody, and I am wondering what this clause is doing to me. Can Mom file an action where I might be subjected to this penalty? What is the purpose of this clause other than financial intimidation towards me if I try to get more possession? Thank you.

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LegalGems

Juris Doctorate

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Texas divorce... under temp orders, you cannot terminate the

Texas divorce... under temp orders, you cannot terminate the health insurance of a spouse if it is in place at the time the divorce is filed for. But what happens if the divorce drags out for years and that person gets laidoff from thier job thru no faultof thier own? What happens then?

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Maverick

Doctoral Degree

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My boyfriend went through a child support modification with

My boyfriend went through a child support modification with the Texas Attorney Generals office in January. The child support was reduced from the extreme amount it was prior, however he is still paying more than 50% of his current income. The reason it wasn't reduced more is the court based his income off of what he was previously making when he was an independent contractor in California. He now lives in Arizona where the wages are much less (and the cost of living is more manageable). Plus, he has a regular paycheck now rather than a spotty income when he was a contractor. Also, we had a lawyer at the time of the modification that was absolutely useless and basically made an appearance but did not do anything to assist in the case. She never told us what documentation we would require for the hearing and barely spoke up when there was something we needed help with! Is it possible to re-modify the child support even though it has only been six months?

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Ely

Counselor at Law

Juris Doctor

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I do not know what to do or where to turn. Me and my Ex have

I do not know what to do or where to turn. Me and my Ex have been divorced for 5 years now. We have 2 children One 14 and one 10 he is not the most dependable man. In our decree is states that we split the medical bills etcAnd he's suppose to carry insurance on the kids. Well my 14Year old broke his nose and was suppose to go in for surgeryTomorrow but he doesn't want to pay his deductable nor help Out so until these things are met my son cannot have his nosePut back into place. What can I do? Also since the divorceHe has missed child support payments and his monthlyPayment of 375.00 for both kids have went up even thoughHe has changed jobs and the cost of living has gone up And the kids are getting older. He doesn't help with theirSports school pictures or anything what can I do I'm at A lost.

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LegalGems

Juris Doctorate

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My husband wants a divorce. Hes the type that doesnt even

My husband wants a divorce. He's the type that doesn't even get his titles changed on cars when he buys them with cash, so I took the initiative to set up a lawyer for us. I called on my business law professor to help because she specializes in family law. When we met with her, I told her this was his idea so I thought he should be the petitioner. He said, "Whatever, I don't care" with a bad attitude. So she said that she would only be able to represent one of us. I said that's fine, because we both had previously agreed to one lawyer. Now I am having second thoughts because of the conflict of interest waiver she sent me to sign authorizing her to work for him. I am now uncomfortable signing this because of the way he said last night that if I change my mind on ANYTING that he would "lawyer up" but if she's representing him, then that makes her still his lawyer, whether or not this is an agreed (preferred) or not agreed divorce. The way he acted and the verbiage in the waiver is making me VERY uneasy about having her work for him. I set it up as a favor to make it easy and inexpensive on both of us, but now I don't think I am thinking things thru clearly because he's being so mean and cold. Is it too late to have her be my lawyer? Can I check the box I do not authorize her to represent him and ask her to work for me? I am terrified right now to do anything because of the way he was acting. I need an unbiased 3rd party to advise me what would be the recommended course of action in this situation.PLEASE HELP! Thank you,Rachel

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Ely

Counselor at Law

Juris Doctor

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Can I date if my wife refuses to have sex with me she says

Can I date if my wife refuses to have sex with me she says she's frigid.....this has been going on for over 6 months...I told her that I want a divorce.....we've been in couple and sex therapy for years and it has not helped us we've grown apart. My wife is OK with me dating and I'm OK with her dating.

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Ely

Counselor at Law

Juris Doctor

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My son has had all three of his kids for a couple of years

My son has had all three of his kids for a couple of years now, yet the mother is still receiving child support. She refuses to sign papers stating that my son has custody of them now. What can be done?

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FamilyAnswer

Juris Doctor

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29,080 satisfied customers
hi Lucy, just figuring out what route I want to go with my

hi Lucy, just figuring out what route I want to go with my divorce, nothing filed yet. Husband and I have started the negotiation process and have figured out what a 50/50 split of assets looks like. He wants mediation, 2nd choice collaborative lawyers. I am leaning toward litigation because he left me unemployed at 58 (we worked together in his business which is now almost defunct), he wants our home and cars at the beach where he has been living since the split (we have put a price on half). I have been relegated to a one room studio apt in NYC for $2400 a month where I have signed a 2 yr lease. I was afraid to move elsewhere as NYC has been my home for 30 yrs and my friends and life are here. Additional factors: I would get custody of our 18 yr old daughter til 21 and he would pay child support, although he has no concept of how much that will be! He was still living with me in Feb when I found Valentine flower receipts .to a girlfriend. He does not deny her existence anymore. After a 23 yr marriage where my contacts opened the door to some very big income for him for half the marriage, I'm not so sure walking away with a 50/50 split is "equitable". Between that and me putting the downpayment and his name on the deed of a NYC loft space (before we were married) which then became the place where his photography career was launched, our assets are now 2.3 million. t he property was sold 4 yrs ago when his business started to slide and we reaped a 950K profit. I have been working with him part time for last 9 yrs. at the studio as office mgr while I attended to the career of my teen daughter who became a professional actress on Broadway at age 14. Somehow I feel like the mediation/collaborative approach might shortchange me, so having trouble figuring out what's best for me. I know legal fees in litigation could eat into my settlement quite easily. So my questions is this:In NY state, what is a realistic way to evaluate the pros and cons of mediation vs collaborative law vs litigation. From what I read, it seems like a 50/50 split is probable. I got a quote from 1 litigator for $500/hr and he said even the simplest negotiation would probably cost me $10K in the end.

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Lucy, Esq.

Juris Doctor

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