Divorce question


#1

I resently filed for an divorce.When I filed my papers the Clerk of court told me I could not include Alimony,child support ,or marital property on my form with out a lawyer.So the clerk made me remoce the X OFF of the sheet for that before I could file for a divorce.Can they do that? Do I really have to get an attorney for that?


#2

All of those items are separate from the divorce and have to be dealt with individually. HOWEVER, the property issues need to be settled (or entered into the court for settlement) BEFORE divorce is issued or you lose all rights after the fact.


#3

Just wanted to say thank you for the information posted.


#4

Answer me this.After the divorce has went thru THE COURT and the house is in both of our names by law can the mortgage company take my husbands name off of the HOUSE.oR DO i HAVE TO GO BACK TO COURT AGAIN.


#5

No. The person staying in the house must refinance into his or her own name to take the other person off. Until that is done…both people are bound to the mortgage as far as the bank goes.


#6

If you have not settled your property issues you must include a claim for equitable distribution in your complaint as once the divorce is final you lose your rights to have the court determine property distribution and alimony.
You do not need an attorney to file those claims, and the clerk was incorrect for telling you so.


#7

Thank you for replying back to me so soon.I understand what you are saying.Is it too late to go back to the court house and have my papers amended? I sent the letter certified to my spouse but it has’nt been delivered as of yet.I have not recieved the green return card informing me that he has received the complaint papers.


#8

Yes, you may amend your complaint at any time before your spouse files an answer.