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Tulbagh
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(Silver)
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03/12/08 04:41 PM
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68.105.33.170
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Statute of Limitations
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I have received a letter from my spouse's attorney (in NY) which refers to statute of limitations issues regarding our divorce, filed in Louisiana where I live and filed for divorce. Could someone explain what that refers to?
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KGrow
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(Platinum)
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03/12/08 06:57 PM
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24.8.144.220
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Re: Statute of Limitations
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How long ago did you file?
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Tulbagh
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(Silver)
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03/13/08 09:28 AM
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68.105.33.170
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Re: Statute of Limitations
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About a month ago, so it's not referring to the filing date I think. His lawyer claims that we separated in 1995 (which actually is not factual). Could it have something to do with that?
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KGrow
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(Platinum)
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03/13/08 09:56 AM
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24.8.144.220
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Re: Statute of Limitations
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Is it possible that this is a play to try and move jurisdiction of the divorce from LA to NY?
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Tulbagh
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(Silver)
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03/13/08 10:16 AM
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68.105.33.170
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Re: Statute of Limitations
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That is very possible. The situation is complicated. Jointly owned house is in NY. Husband has lived in Vietnam for 6 years & only returns to NY for 2 visits a year of about 4 weeks each. I have lived in Louisiana for 4 years, & so I filed in Louisiana. Is he eligible to file in NY?
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KGrow
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(Platinum)
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03/13/08 08:45 PM
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24.8.144.220
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Re: Statute of Limitations
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Yes, if he maintains his primary domestic residence in NY then he's eligible to file in NY. Problem is, you've already filed in LA and that takes precedence. He could be looking for a way around that. You probably need to have a lawyer review it and determine how to best respond.
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Tulbagh
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(Silver)
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03/14/08 09:42 AM
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68.105.33.170
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Re: Statute of Limitations
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Yes, I have a lawyer & I am going to see him on Monday.
My husband was very annoyed that I had filed in LA without consulting him, although he was the one asking for the divorce. (At 69 years old, he has a "wife" & 3 year old twins in Vietnam so I can understand his desire to be free to remarry.) So your tip about the first filing taking precedence now makes sense.
I can't thank you enough for your advice. I think that an open mind and knowledge are 2 things that really help in obtaining a fair divorce settlement, although I hate having to go through it.
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KGrow
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(Platinum)
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03/14/08 10:12 AM
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24.8.144.220
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Re: Statute of Limitations
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Good luck to you. You have the upper hand in this in that the divorce is in your jurisdiction and he needs it more than you do. Be fair.
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Tulbagh
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(Silver)
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03/17/08 09:57 AM
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68.105.33.170
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Re: Statute of Limitations
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Yes, I want to be fair. Money and greed can bring out the worst in us I think. I am considering a 65 (him)/35 split, which based on the value of our jointly owned house, would allow me to live comfortably, although as one gets older (and I'm already old!) who knows what's in store, and probably no amount of money would be sufficient in the worst circumstances. I would love the divorce to be amicable, and for us not to go to court but I fear that we will end up there.
This communication is very helpful for me to put everything into perspective. You seem like a knowledgeable and fair-minded person. Would you mind if I continue to communicate with you?
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