To sign or not to sign ? Need advice
TENGU
there may be some hidden clause that might not be standing out in the open
for you to see.
be safe instead of sorry
talking to a lawyer might cost you a little
but by signing something you may not be completely certain about
might cost you alot more
If she did a number on you with the bills
it is wise to take all types of precautions
take good care of You
In all you do
Most especially in this area
Let someone take a look at it
for safety sake.
Always
Sunshine Aries
Steven Mock
> My estranged wife left me with all of the bills, which
> caused me to almost lose my children (they are not here
> kids).
I'm not sure what this means. Are your children living with you or not?
If they are not living with you, where are they and why did you let
them go there?
If you want to live with you children, possesion is key for winning
custody.
> My question is she now wants to be "nice' in hopes
> that I will sign divorce papers and make things easy
> for her.
Ok, so now that you have something she wants she is willing to treat
you like a real person with feelings.
Do you realize how disrespectful this attitude is? Do you really think
she will continue to act nice after she gets what she wants?
> Should I sign?
No.
A thousand times, No!
She wants something from you.
That tells me that the divorce papers are not in your best interest.
Once you sign, the agreement is binding and enforecable. You would
have to show cause as to why the agreement should be set aside (think
fraud or misrepresentation). And, the burden of proof would be on you,
not her. Not reading the document or not understanding what was
written is not considered sufficient cause to set aside the agreement.
Divorce papers are legal contracts. The court shows no sympathy when
you sign something that is "unfair". The assumption is that you had
the chance to obtain legal counsel and you chose not to. That was your
choice and sign was your choice.
> Do I have to sign in order for her
> to pursue a divorce?
No, you do not have to sign for her to pursue a divorce.
It makes it harder and more expensive, but you cannot prevent a divorce
from happening just because you refuse to sign.
If she told you this she was mistaken and/or probably trying to play on
your sympathies.
Now, there is no reason to force this things route. Because it will
cost you money too. But when someone claims that they can't get a
divorce because their STBX won't sign, they are wrong. They might not
get the terms they want and it might cost more. But they can get the
divorce.
> I would be grateful for some advice on this matter.
Lloyd gave you some very good advice.
In particular, he pointed out that if cost was an issue, you could just
have a lawyer review the documents your STBX wants you to sign.
Remember, you get what you pay for. If you pay nothing for legal
advice, you get no legal advice.
Your best bet here is to do the research online about all the legal
issues surrounding divorce (a good starting place is www.about.com the
divorce information is under people/relationships). The more informed
you are the better decisions you will make.
Hang in there and hang out here.
Steven
Sent via Deja.com http://www.deja.com/
Before you buy.
sean...@my-deja.com
Steven Mock <steve...@my-deja.com> wrote:
> sean...@my-deja.com wrote:
>
> > My estranged wife left me with all of the bills, which
> > caused me to almost lose my children (they are not here
> > kids).
>
> I'm not sure what this means. Are your children living with you or
not?
> If they are not living with you, where are they and why did you let
> them go there?
>
> If you want to live with you children, possesion is key for winning
My kids have lived with me sense they were very young, and continue to
do so. The reason for almost losing them is lack of money . We shared
the costs of everything and when she left out of the blue it nearly put
us in the streets. I should have explained that..
There really is nothing to fight over, we have bought nothing together,
and have no children together. I guess I just would rather not deal with
it, and if she wants the divorce let her get it, go to court, pay for
it...and all....I would prefer just to ignor it if it makes no
differance.
Thanks,
John
llo...@my-deja.com
Dude, putting your head in the sand will NOT, I REPEAT - NOT!!!!!, make
this problem go away!
Go do that on-line research! The more you know, the quicker the
business with the lawyer will be over - rather than pay him/her to
explain it to you in detail!
I know you would rather not deal with it. TOO BAD! There are times in
our lives when we are FORCED to do things we do not want to do, in
spite of ourselves - and THIS IS ONE OF THOSE TIMES!
She could slip a little clause into the document that has YOU paying
spousal support to HER for a LONG TIME! If you thought you had no money
before, how would you like to loose your kids because SHE screwed you
over in an "agreement" that you did not get at least checked out by
legal counsel??????
FOR GOD'S SAKE MAN! COVER YOUR LEGAL ASS! PROTECT YOURSELF AND YOUR
CHILDREN! READ MY LIPS! "DO IT NOW - BEFORE IT IS TOO LATE!"
No one was EVER sorry for being prepared for the worst, and making sure
that ducks were all lined up in a row! IMHO, you MUST look out for your
interests or face the consequences of your inaction/apathy! You have
beautiful children to loose here! If YOU want to take that chance, that
is YOUR business! A few hundren dollars in legal fees might just be the
best peace of mind you could ever buy!
Just don't say that you were not warned about the potential pitfalls if
you decide to "waive" YOUR RIGHT to legal counsel! There are lots of
little pitfalls in the law! And to compound the problems, the law
usually states "Ignorance of the law is no excuse"!!!!!!!!!
Tread carefully!
Lloyd
Janie
>sean...@my-deja.com wrote:
>
>> My estranged wife left me with all of the bills, which
>> caused me to almost lose my children (they are not here
>> kids).
>
>I'm not sure what this means. Are your children living with you or not?
> If they are not living with you, where are they and why did you let
>them go there?
I think that's a typo Steven - he meant to say they aren't "her" kids
(i.e., his from a previous relationship)... and I'd have to guess that
since he said "almost" lost them, that he still has custody of them?
Just guessing :-)
Janie
--
Treat your friends as though they will some day be your enemies, and your
enemies as though they will some day be your friends.