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Yep, GDP, you are cynical!
It's not so much that the offer that they made was a good one. Nope--their offer is extremely one-sided and biased. Well DUH--it's her attorney acting on her behalf! What did we expect? "Fair" from an attorney??
The part that is VERY GOOD here is that she offered at all. Up to this point, she has been silent about what she wants, refusing to negotiate, and refusing to even count-offer if he made the first suggestion! The fact that she took a first step, via her attorney, is the good part.
The offer itself basically says, "If you give me our child all the time, all decision-making rights, and all the overnights, I'll let you see her more." In my personal opinion, that is using a child as a bargaining tool, and I find that sad. HOWEVER, I think if his response was appreciative of the opportunity to open up communication, and then not so far out in left field as to shut things down--I think a reasonable agreement could eventually be discovered.
CJ
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Keep in mind that this was their first offer. Usually, the way legal negotiations go is you high-ball them and ask for the moon, the sun and the stars knowing full well the other side isn't going to take it and are going to make a counter-offer that is generally low-balled. This gets the ball moving. Then, there is a back and forth and back and forth until you reach a middle ground that neither is entirely happy with but can live with.
So, Tony, what's your counter offer going to be?
PS-Everyone be careful with the lawyer comments - I resemble (hopefully not) them! <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" />
Regards,
Brit's Brat/BS-43 XH/45 DS/2-1/2 Status: Divorce final 5/17/04, 2 years after D-Day
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Brits Brat,
I apologize if my lawyer comments came across disrespectful. What I was trying to say is that it's appropriate for her lawyer to be STRONGLY on her side and not "fair." His/her job and duty is to present something in her favor, not to be fair and equitable. There's a duty to the client to ask for and attempt to get as much as possible.
Thus, it would be unreasonable for Tony to expect that her attorney would present a "fair" first settlement offer. This first offer is right on the money and "to be expected."
BTW, I've always wondered--do you attorney-types go to post-grad to learn all those big words and confusing phrasing that you put into contracts, or does that kind of verbosity just come naturally? heehee <img border="0" title="" alt="[Razz]" src="images/icons/tongue.gif" />
CJ
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FaithfulWife - no offense taken...I am usually the one to be telling the lawyer jokes!! I just like to poke fun back!
Regards,
Brit's Brat
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Silly me,
I really believed all those words about amicable settlement etc.
My first offer was a very fair and generous offer. I don't know what more I can offer.
CJ knows the details...
Tony
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Get evidence of the affair and anything else you can get. She is a real piece of work. And her lawyer is too. I anticipate a struggle. Sorry you have to go thru this. She probably has the support of the OM all the way along. Have you exposed the affair to everyone yet?
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baba2,
I wish it mattered in IL. I have the best evidence there is, her testimony admitting that she is seeing another man, who she admits is married and that she has had him in the apartment around a half dozen times for overnight visits.
She testified to this during the depositions on 6/17.
And it doesn't matter one bit, that's the part that is frustrating to me. The only way it "MIGHT" have any bearing on what goes on was if she had our daughter watching while they did the matress mamba.
Tony <small>[ June 28, 2004, 07:19 PM: Message edited by: javaSansContour ]</small>
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