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Pretrial Update

futurestepmomnowstepgf's picture

So yesterday after I got to my bfs house after work his attorney calls to discuss pretrial, the notes my bf had on BM's revisions/additions, and to discuss next steps because he was in a criminal trial yesterday and so another lawyer in his firm went in place of him. So when bf's last attorney filed the motions for divorce, the reasons for divorce, etc. BM's attorney never responded to them, so normally this would be a good thing because then what my bfs attorney sent in should be accepted as fact since the other side did not contradict anything. Now new attorney did change it from not faulted to at fault divorce, but other than that, the last attorney put everything in about BM's adultery proven by genetic fact, etc. So yesterday the judge gave his summary and said he did not believe my bf's motions to have any merit. Like WTF, there is GENETIC PROOF OF HER ADULTERY. This right here just confirmed that this judge will NEVER side with or rule in my bf's favor which we already 90% knew, but now we are at 100%. BM's attorney did not even answer back saying this was not true, there is dna proof she had someone else's child, etc. and you don't believe this to be true? Absolutely ridiculous.

So anyway then they discussed what my bf's notes were to send an amended version of the settlement agreement to BM. He thinks it is reasonable to ask for split transportation costs once BM moves after we move because she moved out of the area too. So we are going with 6 weeks of summer, alternating Christmas, and spring break every year on the premise of splitting costs. In regards to the 50/50, since there is a date bf is moving and a clause will be added if bf does not move by June 2021, the 50/50 schedule is n/a and it will go to the break/school year schedule, bf's attorney thinks it may help sway BM to agree to this. I don't really know, but I can see where he might think that and it is worth a shot. The whole truck thing, my bf's attorney says since they only mentioned her name being on it and it isn't, once he shows them that, it will be a none issue. If BM pushes it then we will go the route of getting the proof bf's dad sent a check to bf, how bf took to bank and cashed it, etc. to prove it was a gift and that BM has no claim to anything regarding the truck.

So after all this with the attorney bf and I sat down and decided what we would be willing to go to court over for the few things we disagree about. If she does not agree to the 50/50, we will propose at least an overnight in substitution of the 4-6 pm mid-week visit on the week bf does not get his daughter. If she does not agree to splitting the transportation costs, we will go back to only summer and alternating Christmas, no spring break. The only thing we agree is worth risking court would be if she wants to fight over my bf's truck. His attorney was calling her attorney after speaking to my bf and hopefully we can get this all resolved quickly. My bf's attorney thinks there is a really great chance of settling and honestly we do too. Might have to take a bit more of a loss than we wanted, but at the same time, I think it is a better deal than the judge will give bf.

Plus today we get his daughter, so far since drop off almost two weeks ago, BM has been radio silent. Bf thinks BM will try and talk today or whatever, he really is pissed about the whole truck thing so he does not want to. I however told him, if she wants to talk if it is not totally unreasonable I think he should, it is not worth stirring the pot this close to agreeing and let's just get it done. Only thing I think he shouldn't talk about of course is her older daughter, but otherwise, being civil may give us some favor. Maybe not because she's crazy and high conflict, but at this point worth a shot.

Comments

nengooseus's picture

My guess is that it's derived--at least in part--from the fact that we don't have legal separation.  Under the law, unless a divorce has been finazlied, you and your BF are likely committing adultery, just like BM did.  I'm actually surprised that he was allowed or encouraged to file at-fault.

futurestepmomnowstepgf's picture

indisputable, i.e. video proof of us engaging in sexual activity, photo proof of the same, etc. Text messages are not enough, regular photos of us together is not enough. Meanwhile BM conceived and birthed a child that is not my bf's during their marriage, so there is no way around that.

STaround's picture

but in most states, it does not make much a difference in divorces -- maybe you can get one quicker.

futurestepmomnowstepgf's picture

best case scenario, is BM and her attorney quickly review the few changes my bf's attorney sent and they get back to my bf's attorney within a few days, last time took almost a week, but that was to review the whole thing vs. 3 - 4 changes. Then they can agree, attorney rights up the order, etc. and it is over with. 

beebeel's picture

I agree that at this point, an at-fault divorce is silly to pursue. It won't change anything and it will only prolong the process. (And probably piss off the judge. He/she doesn't need evidence to figure out you two are in a relationship.) She already has to explain to everyone she knows that her first child has a different father, outing herself as a cheater. 

tog redux's picture

Don't make the truck a hill to die on. You will pay more in attorney fees to go to court fighting over it. Offer BM a couple thousand if she insists on fighting over the  truck. 

Thumper's picture

Who is paying for daughters medical?

Why is there silence about medical?

What about cs amount?

Wage garnishment to military pay. MOMS portion with medical? Is child currently covered by tricare

These offeres to bm lack important stuff. Why is that.