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  #1  
Old 07-06-2005, 10:18 AM
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Join Date: Feb 2005
Posts: 77

Settlement Conference with the Judge questions


What is the name of your state?What is the name of your state?
Michigan.

On July 11th, I have a Settlement Hearing with the Judge, my stbx, and both representing attorneys.

My stbx and I are unable to come to an agreement on the settlement of assets, etc.

Since my stbx and I can't come to an agreement on the settlement of assets, my attorney informed me that on July 11th, the Judge will be offering
suggestions after he reviews both of our individual offers, and if we are unable to come up with a compromise right on the spot, then the Judge will adjourn, rather than 'forcing' a settlement for us at that time.

Is that true, will I NOT be officially divorced on July 11th in this scenario?

Thanks, thought the finish line was 5 days away :-(
  #2  
Old 07-06-2005, 11:48 AM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by bd420
What is the name of your state?What is the name of your state?
Michigan.

On July 11th, I have a Settlement Hearing with the Judge, my stbx, and both representing attorneys.

My stbx and I are unable to come to an agreement on the settlement of assets, etc.

Since my stbx and I can't come to an agreement on the settlement of assets, my attorney informed me that on July 11th, the Judge will be offering
suggestions after he reviews both of our individual offers, and if we are unable to come up with a compromise right on the spot, then the Judge will adjourn, rather than 'forcing' a settlement for us at that time.

Is that true, will I NOT be officially divorced on July 11th in this scenario?

Thanks, thought the finish line was 5 days away :-(
If that is what your attorney says...then that is probably what is going to happen.
  #3  
Old 07-06-2005, 02:28 PM
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Join Date: Feb 2005
Posts: 77

According to my stbx's attorney, this is not true


My stbx told me today that "if we dont come to an agreement on Mon, the judge will order it". She said this along with I have no clue about Monday apparently and a few other niceties .

According to the Court Document I have, this is the:
Mandatory Final Pre-Trial/Settlement Conference or Pro-Con. Sounds like it's possible then that her atty is wrong, and my atty was correct in saying that, if there is no agreement as of yet, then it is just as it states, a Settlement Conference.

The checked off issues of the 10 listed are Property, Pension, and Debt. Estimated trial time is 1 (Day is circled instead of hour, ugh).

Just a little more info, thanks for responding.
  #4  
Old 07-06-2005, 03:29 PM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by bd420
My stbx told me today that "if we dont come to an agreement on Mon, the judge will order it". She said this along with I have no clue about Monday apparently and a few other niceties .

According to the Court Document I have, this is the:
Mandatory Final Pre-Trial/Settlement Conference or Pro-Con. Sounds like it's possible then that her atty is wrong, and my atty was correct in saying that, if there is no agreement as of yet, then it is just as it states, a Settlement Conference.

The checked off issues of the 10 listed are Property, Pension, and Debt. Estimated trial time is 1 (Day is circled instead of hour, ugh).

Just a little more info, thanks for responding.
If you want to give details regarding your areas of disagreement you can get some opinions on who is or isn't being reasonable if that would be of any help to you.
  #5  
Old 07-06-2005, 05:23 PM
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Join Date: Feb 2005
Posts: 77

Disagreement Details


The largest areas of disagreements right now are strictly monetary payments of debt that were made exclusively by myself during the Divorce proceedings, which from Dec 23 to July 11th, will be approximately 6 1/2 months.

My STBX does not want to be 1/2 or partly responsible for any of the:
1) Minumum monthly payment on our 32,000 of Credit Card Debt.
2) The Primary Mortgage Payment.
3) The Secondary Mortgage Payment.
4) Any of the 20% interest charges that have accrued due to Post Date of Separation cash withdrawals my stbx made during Dec 24-27, currently, these charges are $50 per month and growing naturally, with no forseeable end in my sights.

I'm not saying that my stbx is wrong about her stance on any of this debt during these past 6 1/2 months, however, this is the biggest sticking point, as I have paid thousands so far during the proceeding on this.

Thoughts?

Thanks.
  #6  
Old 07-06-2005, 06:32 PM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by bd420
The largest areas of disagreements right now are strictly monetary payments of debt that were made exclusively by myself during the Divorce proceedings, which from Dec 23 to July 11th, will be approximately 6 1/2 months.

My STBX does not want to be 1/2 or partly responsible for any of the:
1) Minumum monthly payment on our 32,000 of Credit Card Debt.
2) The Primary Mortgage Payment.
3) The Secondary Mortgage Payment.
4) Any of the 20% interest charges that have accrued due to Post Date of Separation cash withdrawals my stbx made during Dec 24-27, currently, these charges are $50 per month and growing naturally, with no forseeable end in my sights.

I'm not saying that my stbx is wrong about her stance on any of this debt during these past 6 1/2 months, however, this is the biggest sticking point, as I have paid thousands so far during the proceeding on this.

Thoughts?

Thanks.
Who stayed in the house? If it was you.....then in my opinion both mortgages were/are your responsibility....particularly if you are keeping the house. You benefitted by occupying the house. The only time I have observed the person leaving being responsible for part of the mortgage payment is when that person had considerably more income than the party that remained in the home.

As far as the credit card debt is concerned...that depends on where most of that debt came from. If it was truly joint...then you should be jointly responsible. The cash advances can be iffier....again, it depends on the circumstances.
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