I would like to see form language relative to foreclosure of the homestead. Unfortunately with this economy, this is becoming more common than it used to be. I have previously looked through the monster J&D and did not see such language. - Member Submission
I have had a couple of cases where opposing counsel used the Monster and there were HUGE drafting problems in that the way that property is addressed. Petitioner is awarded ….then lists all of the property award to Petitioner….then Respondent is awarded…..then lists all of the property awarded to Respondent. [In this case], the attorney had listed as part of Petitioner’s property settlement “50% of Respondent’s 401(k)”……but ...more »
I have had a couple of cases where opposing counsel used the Monster and there were HUGE drafting problems in that the way that property is addressed. Petitioner is awarded ….then lists all of the property award to Petitioner….then Respondent is awarded…..then lists all of the property awarded to Respondent. [In this case], the attorney had listed as part of Petitioner’s property settlement “50% of Respondent’s 401(k)”……but then had neglected to award to Respondent in his paragraph the OTHER 50% of the 401(k)…..and attorney drafter had neglected to award and IRA worth $45k to Respondent. -- Member Submission
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Member suggestion: I would like the CYA language added regarding informal discovery and also bankruptcy protection language so that one spouse doesn't later get hit with old debts that the former spouse was supposed to pay.
Can a divestment of jurisdiction be voided by pre-agreement once jurisdiction is lost? If this is meant to void the language for future divestment then I think it should state that limitation.
A member has suggested we review the health care law changes to go into effect in 2014 and modify provisions in the J&D accordingly in time for the changes.
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