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Bubba Seal wrote:Cuzz, this is just my point of view, but I wouldnt sell anything until youve got your parenting plan and marital dissolution agreement in place, and signed.
I think you would both be better to put money in a escrow account that you two cant access til the divorce is final. That might work.
BUt if you guys start selling things off and siphoning the money away, it will drag out the divorce longer in my opinion, if there is a steady stream of money for things sold, what is there to push the divorce along?
Just my 2 cents
Trevor wrote:1. How can she have an "agreement" in place when you don't know the first thing about it? That's totally stupid; they are mutually exclusive concepts. No, there is no agreement. There might be a proposal, though.
Your right, I meant to say proposal and not agreement
2. How are you coming along with the spreadsheet that lists all your assets and liabilities? You talked about it last week, so I guessed by now you had it all compiled, with a few scenarios built out based on who gets the house, right? You should have stuff listed (and valued) for her that are hers, for you that are yours, and a column for things that are co-owned, to be split...so that after all the calcs are done, the same Total amounts are in your column as in hers.
I have the spreadsheet done with all items listed but she wont even review it because of the proposal she has claims is at her L office.. I dont think she wants to give me a clue at this time and may have even been advised not to do so.. We really didnt own anything prior to marriage so I think everything is going to be considered a marital asset and split evenly..
3. Agree that to sell anything before you have a done deal could be problematic, unless you both agree explicitly and there is a paper trail of the sale and destination of the proceeds. Initialed or signed at each step, as appropriate.
We did agree to split the sale evenly. Again this stuff was all obtained after mariage so I believe its going to be split 50/50 anyways and we are saving all documents on the sale.. Keep in mind there are no court orders in place yet
4. Don't leave the house until that parenting time agreement is set in stone with a judge's signature. Again, there is no agreement until the court establishes it.
Yes, that is my goal.. I'm not leaving no matter what because I'm not giving up anything I dont have too, including my parenting rights and time..
5. Open your own account and have your pay deposited there from now on. Separate your finances (this is all in the List, have you read it?) immediately.
Thats a little more complicated because we share a home business and there are no seperate paychecks at all.. We have basically let the businesss account build up and then transfer money to our joint bank account when there is extra money on the business account that we know wont be needed for the business.. We usually do this once a year and after taxes and we have been doing it this way for years.. Everything we have done has always been jointly including buying the tractors and trailers I mentioned above... I have read the list but it doesnt realy cover my financial sanario.
6. The pre-trial hearing, in FL anyway, is to determine what issues are still open for discussion at the hearing. So if you have a parenting plan where you both agree, then bring it and submit it and ask the court for a signature that day. That will take the issue off the table, for the time being anyway. Any other issues where you have agreement should be stipulated (and, I argue, signed at the pre-trial hearing) so you can focus only on the outstanding issues giong forward at the hearing.
I cant get her to sit down and even talk about parenting time.. It basically boils down to our sons best interest and his activities. We both agreed at the mediated custody hearing that parenting time will be determined by his activites and the judge complimented us for putting our sons best interest first but nothing was done or agreed upon at that hearing about any times. The only thing that came out was 50/50 parenting time with a standard court parenting format such as every other holiday, every other weeknd, and 50/50 split summer vacations..
and dont trust my current truck..
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