When the non-petitioning spouse fails to answer the petition, the court will generally assume that the spouse agrees to the terms included on the petition -- which can include property division, child custody, spousal support, and other demands made by the petitioning spouse -- and enter a default judgment.
From internet, but I truly don't know.
Me-LBH, 44 Spouse-WAW, 41 Married for 9 years S, 7 S, 5 BD - November 20th 2015
I missed something. Did she file a petition or just ask you to talk with her lawyer? If a petition was file with the court then you do need to respond. But until something is filed you really don't need to do much. That is what I meant by letting her do the work for a D. Let her do the petition filing. At least if you don't want the D. That's a discussion for you and your L about strategy and your rights, etc.
Me:49 W:45 M:19 T:22 EA confirmed and ended 8/2014 S:19,17 D:9,5
Shooey, I just re-read a lot of your story as your chimed in on the "joining me in LRT" earlier. I think you were definitely bouncing back and forth a little bit, but you have the right ideas...
No more offering money to the W though (ha). If she wants out of the M, that's fine, but you should only really be concerned with the immediate needs, safety, and care of you and your children. She'll need to learn how to take care of herself.
Take it with a grain of salt, but I wouldn't give her, or offer, anything to her. BUT I DONT HAVE A CUSTODY BATTLE in my situation. So I'm not really sure how that works out. If you make her rage now, what's the result of how she'll go after you in the D?
I wouldn't really bring up anything with her life at all anymore. If she mentions no money to the kids, ignore it. Just let your kids know that "don't worry, I'll always have plenty of food over here for you all", HAHA.
Seriously, as long as your kinds are starving, or malnourished, let her figure out her own problems. Get on with your GAL, LRT, and take care of you man. But definitely, go see that Lawyer asap.
Listen to Betterm and mvgfwd2 when they say you should consult your lawyer regarding any petition issues. Give your lawyer the business card from her lawyer because you don't need it since you won't be contacting her lawyer directly.
Please remember that your lawyer is only interested in protecting your assets, not in helping you reconcile.
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Looks like I'll be joining surviving the BIG D soon hopefully. Just got all the details from my lawyer. The petitioner (My Wife) as she be referred to now has asked for the following. Alimony, child support, full custody of children, the house and cars, and I pay all legal bills. I mean I know a little about negotiating tactics, BUT REALLY!!!
I'm in utter disbelief that this person is the same person I married.
I appreciate all the great advice I've been given here. it has helped immensely in me surviving this roller coaster. I hope that everyone listen to the vets on this board, especially Sandi. They know what they're talking about.
At this point it all about saving and protecting myself and my children.
Me-LBH, 44 Spouse-WAW, 41 Married for 9 years S, 7 S, 5 BD - November 20th 2015
I think they always ask for way more than they know they'll get. Even if she didn't, I think her lawyer would encourage it........just in case your were crazy enough to give it to her.
It is not about what you feel should work in your M. It is about doing the work that gets the right results. Do what works!
Going thru the same thing right now with a daughter near the same age.
Good advice here. It's hard to dis-engage with your WAW in the financial piece but you really have to look at it as a business transaction. My STBX has been stone cold mean and ruthless and has put her interests before our daughter which I won't do. Only give in where you know it truly will help your children.
My L has guided me through this hell but I have also read up quite a bit on ... Sad that there is such a site but there are some forums there too for advice if needed.
Last edited by Cristy; 06/10/1612:50 PM. Reason: As stated in our OnLine Community Board Rules, we do not allow recommendations of non-DivorceBusting books / websites / blogs etc.
_________________________ Me-48 Spouse-WAW 52 Married for 10 years D7 ILYBNILWY 7/15 Suspect EA/PA 12/15 No confirmation/denial She files 1/2016 Working towards the Big D ...still in progress....
Oh yeah, this is definitely about lawyer tactics. I just wish they hadn't kicked the beehive down the hall at me. I truly am a nice guy, and don't want to put things out there, that would not favor my wife. Unfortunately, they may force my hand, and if they do, they're not going to like somethings I may divulge.
Right now they are just trying to get a rise out of me. especially serving me on our wedding anniversary. I don't believe that's coincidental. They are wanting me to say or send something nasty to my wife, for ammunition on record.
I will in know way use my kids in this game they've started, but from her on out this will be adversarial. which I was hoping to avoid.
Me-LBH, 44 Spouse-WAW, 41 Married for 9 years S, 7 S, 5 BD - November 20th 2015