I agreed to my husband’s settlement offer even though I knew I would get more than twice as much if I took him to court because I did not have the resources to take him to court and his abuse was so unbearable I just wanted him out of my life. Plus he is an nasty character and would have wasted thousands hiring a mean lawyer and lying about everything and it would have been awful. Already I am traumatized and worn out and mentally ill from having been dragged through so much difficulty with him. Just dealing with him to get the agreement signed stressed me out completely. Now I don’t even have money for food or gas or household bills.
My question is: Once I pick myself up from this mess is there a way to fix this or is it just too bad? Alternatively, later on can I sue him for something like “intentional infliction of emotional distress” and rectify it that way? I have many examples of this and how it affected my health and my ability to work and caused me financial losses.
Most separation agreements include a waiver of grievances provision which prohibits either party from filing civil actions against one another that arise from the separation and divorce.
I hope its okay if I butt in…What if you found out your ex spouse was holding back and lying in court about assets? I know my spouse is hiding alot of money from me and lying about it. I know after we are divorced, he is going to buy land and have a house built on it. That was our plan but after I was diagnosed with a serious chronic illness, he changed his mind about me. He acts like he is FLAT BROKE to keep from splitting the money with me. He made a trip up North to his mothers home in the middle of the week out of the blue last summer and I am positive that trip was to hide money from me. He comes from a low life family so I know I shouldnt be so surprised with his horrible behavior and attitude, but I am after 20 yrs of marriage.
What about something like that? Could I sue him after all is said and done?
I’d like to butt in, too. How do you force the other party to hand over your personal items? Half of my items are in her storage building, half are in her new home with her new husband. She claims she doesn’t have the items, but the children come back and say things such as “I saw your college certificate” or “I saw your passport” after visiting their other parent.
Is there anything I can do aside from keep asking her to return my personal belongings?
If you find that the court order was issued based on incorrect information, including the non-disclosure of assets, you can move for relief from the order.
If your spouse is not giving you your personal belongings, you should file a motion for interim distribution of marital and separate property and request that the court make her turn it over.
Motion for interim distribution of marital assets was already done. The ex is still holding personal items, but there is no way to prove it. The way we know there are items that were not returned (other than not having all personal property with me) is that, when going through pictures on one child’s electronic device, there were pictures of some of the personal items. Child was asked “What is this doing on here?” Child responded “Oh yeah Dad, this had your name on it so I wanted to give it to you, but Mom said I can’t.” And then the electronic device was mysteriously lost after that.
My suggestion stands. You need to file a motion for the return of the items. If the items have been disposed of, you should use that fact as a equitable distribution factor and argue that you should get additional assets in equitable distribution. I would make sure that you have your request that the items be returned to you well-documented.
Thank you. There are multiple emails requesting the items, but there are vague replies, or no replies at all, when it comes to the requests.