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Temporary seperation agreement dilema

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Old Feb 14th, 2008, 06:08 PM     #1
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Question Temporary seperation agreement dilema

My parents are going through a very ugly divorce (I am out of the house but my sister still lives at home). Papers were filed last year and up until 3 months ago my parents still lived together. My father (and mother) filed an ex-parte (sp?) order and the court ruled that my mother must leave the house immediately. Three weeks later we returned to court and while waiting for a permanent decision on who needs to stay out of the house, my parents lawyers came to a temporary agreement. My mother now must stay out of and away from the house but is paid a hefty monthly alimony.
Her lawyers are somewhat rude and unaccomodating, and it is my opinion that they will keep pushing the official court date further and further back to avoid a permanent settlement since my mother now recieves a significantly larger alimony than she should.
Is there any way to force my mother and her lawyers to settle in court (mediation and negotiation have failed and it is understood that the only way a permanent decision will be made is through the courts), and avoid another year of misery and frustration?
Thank you for any help you can provide.
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Old Feb 18th, 2008, 03:43 PM     #2
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Default Re: Temporary seperation agreement dilema

Either side can ask the judge to help set the schedule and push it forward, especially if you can argue the other side is purposely delaying for questionable reasons.
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Old Feb 20th, 2008, 06:19 PM     #3
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Default Re: Temporary seperation agreement dilema

randalljd:

Thanks, I figured that was possible, but wasn't sure. Is that typically very effective? I assume like most things it depends largely on the judge. How does one go about this? Just ask the judge on a day that one side appears and the other doesn't to mandate the opposition to appear at the next appointed time? Also, does the opposition have to show a history (during the case) of not appearing, or do will one postponement constitute a reasonable cause as long as there are suspicious intentions? Thanks for any further advice, it is appreciated.
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Old Feb 24th, 2008, 08:59 PM     #4
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Default Re: Temporary seperation agreement dilema

You will need to document the delays and give all evidence you can to support your argument.

But it definitely can be done.
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Old Mar 6th, 2008, 03:03 AM     #5
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Default Re: Temporary seperation agreement dilema

I am an american living in France, married to a frenchman and four months pregnant.
We are having serious problems getting along right now and I would like to seperate.
My questions are these - if I go back to the United States to have the baby, and I come back to France to VISIT, can I take the baby back again to the United States without his permission?
If the baby is born in the US under my maiden name, will he still have the right to demand custody later? Should a divorce happen before the baby is born?
Totally lost in la francia
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Old Mar 6th, 2008, 03:05 PM     #6
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Default Re: Temporary seperation agreement dilema

Either of you could file in court in either location and once you do the courts orders will govern as to visitation, travel, custody etc.
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