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Motronic
Nov 6, 2009


MOTRONIC FOR MODERATOR, MAKE AI GREAT AGAIN


Grimey Drawer

euphronius posted:

In many states If the parties agree they can do the divorce themselves for filing fees

This is dumb tho donít do this

Yeah, that's not the kind of "uncontested" I was talking about. Think more like $3,500 each for lawyers to hash things out with nobody trying to hide assets or needing to go to court.

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euphronius
Feb 18, 2009






Iím 6 years or so from doing divorces but Iíd say that kind of divorce would be closer to 2000

Depends on how much property there is to fuss about

Motronic
Nov 6, 2009


MOTRONIC FOR MODERATOR, MAKE AI GREAT AGAIN


Grimey Drawer

euphronius posted:

Iím 6 years or so from doing divorces but Iíd say that kind of divorce would be closer to 2000

Depends on how much property there is to fuss about

I'm quoting the check for a retainer I just wrote to a local divorce attorney to get my sister the gently caress out of a relationship with an emotionally and financially abusive fuckwad, so I'm sure this is all local. He says if he doesn't have to go to court this should do it. I'll gladly pay more to have this over with.

euphronius
Feb 18, 2009






Well now you are complicating the case with additional facts so 3500 sounds more right

Hopefully it will end up being less

eke out
Feb 24, 2013



yeah 'uncontested' scenarios are generally "we have nothing to split up, we don't want anything from each other, we'd just like to be out of this"

anything that involves property division, alimony, etc, could be amicable but will always be more expensive

Eminent Domain
Sep 23, 2007





Hieronymous Alloy posted:

Legal Questions: The answer to "should I delete my post" is YES

Do the needful mods.

Also any time someone tells me they have a "uncontested"/"simple" divorce it is a giant warning bell.

Motronic posted:

I'm quoting the check for a retainer I just wrote to a local divorce attorney to get my sister the gently caress out of a relationship with an emotionally and financially abusive fuckwad, so I'm sure this is all local. He says if he doesn't have to go to court this should do it. I'll gladly pay more to have this over with.

I will be amazed if no court appearances are involved given that.

euphronius
Feb 18, 2009






Yeah I rethought it and now would say Iíd demand 5,000 up front.

Shine
Feb 26, 2007

No Muscles For The Majority


My spouse and their ex had the rare legit amicable "let's just take our respective cars and 401(k)s, split the checking account, and pay the admin fee" divorce. No kids, no house, no business, no particularly hard feelings, and they both had self-sufficient incomes; so for them it was just another government office transaction. They brought their marriage license to the county clerk and said "can we return this here?", got the paperwork, paid a few hundred dollars apiece, had some mandatory waiting period, and they were split.

Motronic
Nov 6, 2009


MOTRONIC FOR MODERATOR, MAKE AI GREAT AGAIN


Grimey Drawer

Eminent Domain posted:

Do the needful mods.

Also any time someone tells me they have a "uncontested"/"simple" divorce it is a giant warning bell.


I will be amazed if no court appearances are involved given that.

Me too. But I'm on the "expedite it and I'll pay" path here, which I just made sure my sister knew.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

Shine posted:

My spouse and their ex had the rare legit amicable "let's just take our respective cars and 401(k)s, split the checking account, and pay the admin fee" divorce. No kids, no house, no business, no particularly hard feelings, and they both had self-sufficient incomes; so for them it was just another government office transaction. They brought their marriage license to the county clerk and said "can we return this here?", got the paperwork, paid a few hundred dollars apiece, had some mandatory waiting period, and they were split.

Look, the creative writing thread is thataway

feedmegin
Jul 30, 2008




Eminent Domain posted:

Do the needful mods.

Also any time someone tells me they have a "uncontested"/"simple" divorce it is a giant warning bell.


I will be amazed if no court appearances are involved given that.

There was absolutely a court appearance involved in mine, because Michigan requires that, which was super weird to me. But yeah, my ex and I didnt have kids or property, we'd already been separated for a while, we were on decent terms, and I'm sure that absolutely makes things a lot more simple.

Booklegger
Aug 2, 2008


As a purely hypothetical,

Let us imagine a goon is trying to deal with his mother's estate in N. Carolina, county of Wake. He is her only child, she died intestate, and he is therefore her sole heir. In applying for letters of administration, he is expected to provide an initial inventory of the assets of the estate. The estate's assets are 3 bank accounts across 2 banks, a car, and personal property.

The problem is that this hypothetical goon has no drat how much money is in the account at the second bank. His mother opened this account to specifically hide the amount from herself so she wouldn't want to spend it. This goon specifically went to that bank, and was told he couldn't get that information without letters of testamentary. This was also where he found out about the existence of letters of testamentary.

So, when filling out the paperwork, what duties to find out more information before applying for letters would this goon have?
What answer should this hypothetical goon give to the value of that asset?

How annoyed should he be that the vaguest hints he has as to its value makes him probably unable to use NC's simplified estate settlement by collection because it exceeds the maximum value of that procedure?

How much should such a goon expect to pay an attorney to make this annoyance go away? Is $295 for the first hour a lot?



PURELY HYPOTHETICAL ahem.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

Booklegger posted:

As a purely hypothetical,
Is $295 for the first hour a lot?

Less than I would charge.

DaveSauce
Feb 15, 2004

Oh, how awkward.


We just had this discussion in one of the many finance-ish threads in BFC, and the general consensus is that hiring an attorney is worth the money. You're about to deal with a mountain of paperwork, and it's going to be an immense time suck. An attorney is going to know exactly what needs to be done, when it needs to be done by, and how.

Here's a handy reference if you haven't come across it already:

https://www.nccourts.gov/assets/documents/forms/e850-en.pdf?wAfy5o3sqw7oCN0qFSPp5N1aWnKA7nNK

note: I am not a lawyer, just some idiot on the internet.

edit: you can pay attorneys fees out of the estate, but the court has to approve them, and you'd be responsible for the amount above and beyond what the court approves.

DaveSauce fucked around with this message at 20:46 on Apr 9, 2021

Eminent Domain
Sep 23, 2007





Hypothetical goon should hire/consult a hypothetical attorney to avoid future hypothetical headaches.

Hourly rate depends on a bunch of factors, so it goes. We have no real way of telling if that's too much or too little, it's gonna depend on your area and the experience and migratory bird patterns and so on and so forth.

Eminent Domain fucked around with this message at 20:56 on Apr 9, 2021

eke out
Feb 24, 2013



you, hypothetically, might be able to pay an estate attorney a flat % of the estate (with a maximum set by law)

this might be much much more money than just paying someone an hourly

SkunkDuster
Jul 15, 2005






Do jurors ever fall asleep during a trial? What happens if they do?

Nice piece of fish
Jan 29, 2008



Ultra Carp

SkunkDuster posted:

Do jurors ever fall asleep during a trial? What happens if they do?

I've seen judges fall asleep.

I heard about one going to mistrial over it down south a few years ago.

Alchenar
Apr 9, 2008



SkunkDuster posted:

Do jurors ever fall asleep during a trial? What happens if they do?

Depends how egregious but contempt of court isn't unheard of.

zzyzx
Mar 2, 2004



SkunkDuster posted:

Do jurors ever fall asleep during a trial? What happens if they do?

Ideally you start your trial with <number of jurors needed to deliberate> plus some alternates, so that if a juror gets abducted by aliens in the middle of trial, you'll still have enough to finish the case. If somebody notices something's wrong, the judge might excuse the jury and call in that juror to ask questions ("I noticed you looked like you were nodding off. Are you feeling okay?" etc.).

If the juror's falling asleep because they're sick or taking extra time to cover work/family stuff on top of trial time, usually the judge releases them because there are alternates available, and you keep going.

therobit
Aug 19, 2008


Nice piece of fish posted:

I've seen judges fall asleep.

I heard about one going to mistrial over it down south a few years ago.

By down south do you mean Denmark?

I heard there was something rotten there.

King of False Promises
Jul 31, 2000




The one time I served on a jury the judge fell asleep for a few minutes. It wasn't a very exciting case, to be honest.

euphronius
Feb 18, 2009






Due process isnít always fun !!

Nice piece of fish
Jan 29, 2008



Ultra Carp

therobit posted:

By down south do you mean Denmark?

I heard there was something rotten there.

I live like in the arctic, my man. Almost everything is south of me.

BigHead
Jul 25, 2003
Huh?

Nap Ghost

I had a judge fall asleep during trial in my third or fourth year. I just leaned over and whispered to the very experienced opposing counsel. We popped up and asked for a break. Lawyers pop up for breaks all the time and as long as the judge isn't a prick you'll get one (don't eat taco bell during trial weeks; can't get the shits). It is extremely poor form for a lawyer of any wherewithal to oppose a break like that, and judges usually pick up on what's going on. A judge falling asleep would be grateful for the opportunity to grab a walk and a coffee.

I once saw a pregnant lawyer puke in the middle of trial when the judge wouldn't give her a break. That judge was a prick.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

BigHead posted:

I once saw a pregnant lawyer puke in the middle of trial when the judge wouldn't give her a break. That judge was a prick.

Holy poo poo - Details?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

On the flip side, I've had a judge who turned a 3 week jury trial into 6 loving weeks.

Didn't start until 10:00am, 90 minute lunches, turned everyone out by 4:30 at the latest, sometimes closer to 4:00 and at 3:00 on fridays. Constant breaks, skipped days, etc.

It was insufferable.

Badger of Basra
Jul 25, 2007



Hypothetical for Illinois: I sue someone and win a monetary award, but they can't pay the whole thing at once so they set up a payment plan. When they make those payments, who do they pay? And when I receive a payment, who is it from? Like, would I get a direct deposit from the Illinois court system?

Captain von Trapp
Jan 22, 2006

I don't like it, and I'm sorry I ever had anything to do with it.

Badger of Basra posted:

Hypothetical for Illinois: I sue someone and win a monetary award, but they can't pay the whole thing at once so they set up a payment plan. When they make those payments, who do they pay? And when I receive a payment, who is it from? Like, would I get a direct deposit from the Illinois court system?

I'm not sure, but I think you're supposed to call J.G. Wentworth.

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Ani
Jun 15, 2001
illum non populi fasces, non purpura regum / flexit et infidos agitans discordia fratres

Captain von Trapp posted:

I'm not sure, but I think you're supposed to call J.G. Wentworth.
Excellent username/post synergy.

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