Just checked the county clerk website and she filed this morning. What is funny is that my name isnt even spelled close to being correct. So, my legal advisor told me that I can refuse the process service based upon the incorrect name. Which will possibly give me time to file before her case can be refiled. What is even funnier is that OM divorced in Feb. of 2000. There was a child custody case filed in Nov. of 2000 and the attorney he used was the same one that WW is using now. How stupid can people be?

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">Originally posted by CrushedNTexas:
How stupid can people be? </font><hr /></blockquote><font size="2" face="Verdana, Arial">I'm not sure there is a limit!

Pep

Why do you want to file?

Why do you want to file?

WAT

WAT,
I dont know really. I want to make sure that the adultery on her part is known. I feel reasonably certain she has not admitted this to her attorney since she has not admitted it to anyone else as far as I know. I am meeting with my attorney on Monday at 2p. I will know more then. In the document I saw, she is asking for a disproportionate share of the community property. I dont know how likely she is to getting that when she is proven as an adulterer and she abandoned the home.

Your attorney will explain further, but you shouldn't need to file to get the facts on the record. You'll have to respond to the suit and you do it all there.

Unfortunately, being "proven" as an adulterer may make no difference unless you want the divorce to proceed rapidly. And the proof typically has to be proof of disposition and opportunity, e.g., pictures of them kissing and hotel receipts.

But you will be able to get your accusations on the record - they don't have to be proven to get on the record. After all, she's probably filing on the basis of irreconciliable differences or some bull like that, which we know is not true.

If divorce is going to happen, and you can't stop it, advise your attorney that you want to play hardball and get all that's coming to you. This may only be half of community property. Don't be shy about dragging your feet to see if she gets desperate - the fog CAN have its advantages.

I recommend you consider NOT counter filing, unless necessary to accomplish some legal advantage, so that she will be making ALL the decisions and taking all the actions to dissolve the marriage. You maintain your position that divorce is not needed nor desired, and have this put in your response to the suit. This way, you get to exit guilt free.

Talk to your attorney about all of this.

WAT

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial">I feel reasonably certain she has not admitted this to her attorney since she has not admitted it to anyone else as far as I know.</font><hr /></blockquote><font size="2" face="Verdana, Arial">Have YOU made it known to everyone???

WAT,
Thanks. That is a good thing that I dont have to counter to get the A on the record.
As far as proving the A, I have the proof of disposition and proof of opportunity.
I have told my attorney that I wish to play hardball. And you are right, I think dragging it out could be an effective ploy. I will know more on Monday. On a side note, I told my attorney the name of her attorney and he said, "oh I have gone up against him before and I have eaten him for lunch." So, evidently she didnt do any homework and just asked OM who she should use. She was probably thinking that if she used his attorney, he would feel safer in continuing the affair. I guess she still doesnt understand the term marital contract.