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Relationship Partner with BPD (Straight and LGBT+) => Romantic Relationship | Conflicted About Continuing, Divorcing/Custody, Co-parenting => Topic started by: toomanydogs on August 19, 2019, 05:24:18 PM



Title: Summary Judgement?
Post by: toomanydogs on August 19, 2019, 05:24:18 PM
Hi all,
   I met with a new attorney, and provided I can get the money for a retainer together I will hire her.
   I liked the fact that she had a plan of action: File a summary judgement on the prenup.
   I didn't ask her what that meant because I thought I knew. I thought it meant to simply award me what the prenup will give me, and no NDA or non-disparagement.
   However, when I spoke with a friend who's a lawyer, she told me that generally a summary judgement determines the validity of a contract. In my state, a prenup cannot waive the right to alimony, and mine did.
  What this new lawyer said was that both lawyers who drew up the prenup were aware that I couldn't waive my right to alimony. So I have now forwarded the prenup to the new attorney and asked her about the summary judgment; however, I realize that her answering the question would require that I pay her, so I told her the question could wait until I actually have the retainer together.
  And I responded to my first lawyer's request to concur with her withdrawing from the case with a letter explaining I didn't know how to respond because she absolutely needs to be paid, and I don't have the money to pay her.
  So we'll see what happens. If I could get my anxiety under control and sleep through the night, I'd feel a whole lot better.
TMD


Title: Re: Summary Judgement?
Post by: MeandThee29 on August 20, 2019, 11:05:37 AM
Sounds like a good plan. I'm sure that your lawyer has explained that summary judgments are less expensive and keep you out of court.

I hear you on the sleep. I'm in flashback and nightmare mode again, and it's really difficult.