What is the name of your state (only U.S. law)? New York
I told my husband that I planned to file for divorce and move out of state with our child. He made no protest, so I hired a lawyer to draft an uncontested divorce. I sent him the terms for hiring the lawyer (which stated that she was only hired to file an uncontested divorce), and a list of the terms the lawyer would include in the divorce stipulation. He proceeded to send me his documentation as needed (paystubs, annuity statement, etc) for the next 3 weeks, while the lawyer drafted the agreement. He never hired a lawyer or communicated any problem with the plans. I set a moving date, and gave notice at my job in anticipation of the completion of the agreement. He was aware of all of it. I gave him the phone number of the attorney in case he had questions about the terms. I sent him the completed papers and awaited their return.
Without any communication or warning, 4 weeks after the process began, he hired a lawyer who requested an immediate removal of our child saying I planned to kidnap her and that he never agreed to any of the terms in the divorce agreement.
There was no "contract" but there was certainly an understanding in place. I have emails where he acknowledges the moving date and quitting my job and the plans. Do you think it would stand up in court as detrimental reliance? I would like to have him pay the attorney fees I incurred up to that point, since he made me waste 4 weeks of planning for nothing.
I told my husband that I planned to file for divorce and move out of state with our child. He made no protest, so I hired a lawyer to draft an uncontested divorce. I sent him the terms for hiring the lawyer (which stated that she was only hired to file an uncontested divorce), and a list of the terms the lawyer would include in the divorce stipulation. He proceeded to send me his documentation as needed (paystubs, annuity statement, etc) for the next 3 weeks, while the lawyer drafted the agreement. He never hired a lawyer or communicated any problem with the plans. I set a moving date, and gave notice at my job in anticipation of the completion of the agreement. He was aware of all of it. I gave him the phone number of the attorney in case he had questions about the terms. I sent him the completed papers and awaited their return.
Without any communication or warning, 4 weeks after the process began, he hired a lawyer who requested an immediate removal of our child saying I planned to kidnap her and that he never agreed to any of the terms in the divorce agreement.
There was no "contract" but there was certainly an understanding in place. I have emails where he acknowledges the moving date and quitting my job and the plans. Do you think it would stand up in court as detrimental reliance? I would like to have him pay the attorney fees I incurred up to that point, since he made me waste 4 weeks of planning for nothing.