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Discussion Starter · #1 ·
My lawyer finally drafted up the dissolution of marriage petition and will be filing it with the court to get us a date for our hearing. <img alt="" class="inlineimg" src="/img/vbsmilies/smilies/carrot.gif" style="border:0px solid;" title="carrot"><img alt="" class="inlineimg" src="/img/vbsmilies/smilies/broc1.gif" style="border:0px solid;" title="Broccoli">: <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/banana.gif" style="border:0px solid;" title="banana"> I'm really excited because we've been seperated for close to 2 yrs now and I'd like this all to be behind me. I'm also a little nervous because I've never been to court before. What can I expect?? Ex has not yet retained a lawyer and I'm not even sure if he will. He's too cheap to pay the $3,500 retainer despite the fact that he's making a small fortune each week from his (our) business.<br><br>
I did hear that our case may go to mediation first. I don't mind because I will have my lawyer with me. What can I expect in court? How long does it typically take to be granted a divorce (after going to court the first time)? I know ex will fight me if he has to give me ANY money at all, can he appeal the ruling? How many times? I'd hate to see this drag on for years. He will appeal child support but will I get cs payments while he is appealing? Will I get my settlement money and then possibly have to pay it back if he wins an appeal?<br><br>
Forgive me, I know nothing about the court system!
 

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I dont know if this will help cuz I"m not from FL, and we were never married. However, I just went through with child support on my boys, and even if he appeals he has to pay the support, and he has to pay that until it changes (if it does change) and you don't have to pay it back the new payment is lower. Hope I was a little help <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/smile.gif" style="border:0px solid;" title="smile">
 

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Based on my experience (in a different state) there will be an initial status conference to lay everything on the table. There will be a date set for the final hearing (when the divorce is made final). If you guys can come to an agreement on division of property, CS, parenting plan, etc. then most likely you won't even have to appear for the final hearing, you'll just sign the decree and be done with it. *However*...if your X is trying to be difficult or just wants to argue the hell out of everything then you'll probably end up in court. The crappy thing about that is if you go to court, whatever you guys can't agree on the judge will decide for you. That can be a good or bad thing for you. I thought for sure I was going to end up in court b/c my X argued *everything*. I found out two days before our final hearing date that it was done and I wouldn't have to go to court...*in another state*. Had my plane ticket and everything! <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/angry.gif" style="border:0px solid;" title="angry"> Good luck mama!
 

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Discussion Starter · #4 ·
I don't mind a judge making a decision for us, we cannot come to an agreement together because ex is COMPLETELY unreasonable. We started a business together (with MY retirement fund) and he doesn't think I'm entitled to once cent because I decided to leave him. I know a judge will see differently. I'd be happy with even just getting my initial investment back plus child support. All of our property has been divided, the only thing in question is the business, and I am just asking for a cash settlement. I'm not asking for any of his pieces of heavy machinery, could you picture me driving a tri-axle dump truck?! <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/lol.gif" style="border:0px solid;" title="lol"><br><br>
I'm just worried that if they award me ANY money at all that he will fight it, and fight it, until the bitter end. Is there a limit to how many times he can appeal?? He could potentially keep appealing as a stall tactic so he doesn't have to pay me and I'll lose my house. He'd love that. Great guy huh?
 

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I'm not divorced, but I have a good friend who just went through one. He had to give his exw <b>half</b> of EVERYTHING that accumulated during their marriage. Half the bills, half the income. In fact, he just got a nice bonus from his job, and since it was rewarding him for work done in 2005, he was legally bound to give her half of it because they were married in 2005.... <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/shrug.gif" style="border:0px solid;" title="shrug"><br><br>
You'd think that just a return on your investment would be feasable by law.
 
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