Letter from my lawyer

Sep 21, 2007 11:56

Hey,
The papers got mailed out by my lawyer yesterday. A couple of things about that. There are three forms you have to sign. One is a petition to get a divorce. One is the actual divorce papers. The last is a waiver so you don't have to appear in court for this. Otherwise you'd have to show up here.
Anywho, you signing the divorce papers does not make us officially divorce. We aren't until I show up at court about it. It takes the housing allowance for me to be able to pay the mortgage, and I'll lose that once we get divorced. I've given Momma a power of attorney and she's working on selling the house. As soon as it's sold, I'll go to court and everything will be done with. Until then, I have to wait so that I can pay the mortgage.
Also, there is a clause in the divorce about severe mental cruelty. I didn't want to put that in it, I was just going to put irreconcilable differences, but I have to do the mental cruelty thing to be able to bypass a waiting period. It has something to do with you being in Florida and me in Illinois and us only seperated for 6 months. Otherwise it's like a two year waiting period. I just wanted you to be aware of that before you read the papers and were like 'What the fuck?!'.
If you need anything else, you know how to reach me.
always,
Casey

_____________________

How is the "severe mental cruelty" going to affect me?
If it can somehow affect me adversely in ANY way, i want to know.  I understand that you're trying to get this done quickly, but i can't have something like that on my record.  please let me know soon.

Jonathan

____________________

I've been thinking more on this...
I'm willing to take care of all the paperwork down here if you send me the money to do it.  I know that FL is a no-fault state and I'm not willing to sign any papers that say I've abused you in any way.  I know you wanted to say irreconcilable differences, and I'm willing to wait the two years if need be just to not sign something that says i've abused you.  I know I said I want this done ASAP, but that doesn't mean that I'm willing to take a hit on myself to do that.

Jonathan

____________________

We can't do the papers through Florida. I've already signed a retainer agreement with my lawyer. I have to pay about 1500 for this that you know as well as I that I don't have. So it's being taken care of through Illinois. However, I'll call on Monday or Tuesday (I have duty Monday so I don't know if I'll have time) and see about talking to him about how it affects you. You have a point with that that I didn't think of.
As far as Florida being a no-fault state, I thought that only applied to driving... I may be wrong though, I really don't know.
But to give you an idea of things, I had to drop a 500 payment immediately and sign that I'd pay at least 100 a month until this is paid off. That 500 means that I have to go to the bank and take out a loan to be able to pay the mortgage for this month, as well as for closing costs on the house when it does sell.
One way or another, I do think this is going to be a slow process. I wanted to still be able to be at LEAST civil with you after this, but right now I'm really angry/hurt over the fact that I can't talk to Amanda about any of this because she just tells me what a horrible person I am because of things you've told her. That's a really difficult thing for me to deal with. That's why I am writing you instead of calling, because I don't want to wind up with any kind of unnecessary confrontation on the phone.
always,
Casey

____________________

Okay, if we can't\won't be able to do this through florida, then that's fine.  I just can't, and won't,  sign papers that say i abused you.  Florida is a no-fault state if the divorce is uncontested, and it costs only about 1000$ to take care of everything and no one has to ever go to court for anything.  the process is also done and over with in 6-8 weeks.  I talked to a place that is called "Not A Lawyer" that deals with divorces and other such things that you don't need a lawyer for.
I understand about the money situation, so like i said, if it has to be done that way, just change it, i'll wait two years.

I'm trying to be civil, and friendly even.  I'm not angry, like i told you before.  honestly, i know i've talked to amanda, but i didn't mean for you NOT to be able to talk to her, or anyone for that matter.  i don't want people to hate you, I want you to be happy.  I make sure that people don't talk bad about you around me, and all i do is tell them how i feel.  I'm very sorry that any of this ever happened.

so....just know that i want to settle this in the best and most congenial manner possible.

Jonathan

____________________

Dear Ms. Trapani:

Today I received a telephone call from your husband, who told me he has consulted an attorney, and will sign the Judgement and return it; however, he wants to be sure that this is "over with" quickly as he is joining the service, and also believes it would be fraud if you collected BAH and didn't pay him the money.
I would advise you to refer all communications from him to me, as he seems to be somewhat confused about the process; you would be best advised not to be adding to the confusion.
I'll contact you once the documents are returned.

Sincerely,
Christopher J. Fekete
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