My ex-husband and I signed/notarized a Separation Agreement in Sep. 2011. I Contacted him in Jan 2013 but he said he had changed his mind. He asked me for money or alimony. I have filed for Contested divorce in January 2012 and I added the Separation Agreement document to the documents. I don't know if he was able to return the required documents since he was not filing taxes since 2007, he works mostly on side jobs, part-time jobs, etc. I have a stable job for 5 years. We have a Case Management scheduled to June. What shouls I expect from this Case Management? What documents should I bring? Why do we have a Case Management instead of a hearing? Does it mean he is trying to trick me or does it mean he didn't return the documents. He was served by summons. We live in Massachusetts. Thanks
I am sorry you are going through this. First, it will be necessary to review the exact terms of the agreement but I believe the agreement likely will not be enforceable as your ex-husband will likely contest that he signed the agreement freely, voluntarily, etc. A lot of things may occur at a case management conference. I suggest you contact a divorce attorney that can assist you with these issues.
The intent of the conference is to set out a schedule for the course of the case and deadlines for conducting discovery. You can bring up the prior agreement, but if he repudiates it, the judge is likely to tell you it will not be enforceable. Just bring with you everything filed to date and just be fully prepared to discuss the issues and articulate your objectives You will likely need to get an attorney to conduct discovery against him and to defend against his claim for alimony. These conferences ate a relatively new process but standard, especially with no attorneys involved. There will be no hearing on anything of substance until a motion is filed, or ultimately, months from now, your pre-trial conference. One would hope that since you came to agreement once, you can do so again and avoid a lot of hassle.
Define where case is, what needs to be done and schedule a pre-trial. Hope you have lawyer?
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606.
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