Tuesday, November 02, 2004

Bonus. My "Legal Questions" list.

Here are some of the questions I've come up with for the attorney. Please share insights before tomorrow at 3PM, EST, if you have any. :)

I know I could look some of these up on the Internet, but still...that's what lawyers are FOR.

Anyway, these are what I've got:

What does fault/no-fault mean, exactly? What are advantages/disadvantages?

Quite bluntly, what's a ballpark on how much will it cost if I "fight"?

Ballpark figure on how much if we 100% co-operated, mediated, etc?

What does her having an affair mean in terms of fault/no-fault, etc.

How is spousal support affected by the affair?

Is my proof of the affair legally admissable? If not, what is?

Am I consenting to the affair because I know about it? How do I change that?

Are my stock options mine?

Everything else is community property, right? Divided equally in all cases?

Is it legal or necessary to move money to a different account, or cash?

How will property divide if I put the down payment on the house with my own assets?

Tell me a little about custody in these cases. What's the best I can hope for? The worst?

Child support - if we have "joint" custody, do I still have to pay it? Is it a percentage, is it decided by the courts, is there any kind of formula?

If one or the other person leaves the home voluntarily, what does that mean? Does it affect spouse support? Custody? Is it an admission of anything, a surrender of any rights, etc….

Can she get a PFA on me because she "feels threatened" even though I have no record at all of violence or assault, and could produce dozens of testimonies to that affect?

Does my having a CCW and owning guns make a difference either way? Would it be helpful to give those to my brother or something, or would that look strange?

Is there any other way she can "force" me to leave, a seperation, etc.?

If she leaves, can she legally take The Boy if I refuse to let him leave?

Does my seeing a psychiatrist affect anything?

Is her admission in front of my therapist to the affair legally admissable, does the doctor-client priviledge count when he was MY therapist and not hers?

Well, I think that's more than enough for an initial consultation. It's supposed to be free but I'll be more than willing to pay if it goes longer than the "free half hour." Which it will, given my penchant for asking a lot of questions. Money is not the issue at the moment. I don't think this guy will be my real attorney though, I will ask around for referrals and things before choosing one for real.

2 Comments:

Anonymous Anonymous said...

I have a question you should ask (although it might be moot currently):

If JD gets a sexually transmitted disease from EL because of her contact with the Other Guy, who can (legitimately) be sued, and what's the chance of prevailing in court?

"SH"

8:03 AM  
Blogger Fensty said...

Definitely a moot point. And likely to remain so, I don't know, I don't think her heart is in this thing, so I'm despairing again that there will be any marriage left soon.

I know it's only been 3 weeks but she appears to be making no effort at all to "care" about me, or the marriage.

8:39 AM  

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