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Family Court Strategies: When Your Partner Has BPD OR NPD Traits.
Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Topic: Summary Judgement? (Read 549 times)
toomanydogs
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Gender:
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Living Apart
Posts: 561
Summary Judgement?
«
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
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Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world... Einstein
MeandThee29
Offline
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Divorced
Posts: 977
Re: Summary Judgement?
«
Reply #1 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.
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