Is it too late

Is the divorce final?

[i]Originally posted by bluehorse[/i] [br]Is the divorce final?

Yes. [:(]

I think you waive your right to equitable distribution if you don’t file before divorcing. Was it acquired during the marriage, or before?


Your divorce is not valid and you can file a motion to set it aside, when the divorce is set aside you may be able to proceed with an action for equitable distribution. However, if you file an equitable distribution action and your husband moves to dismiss it, he may be able to dismiss it because you fraudulently filed for divorce.

If the house is in both names you may be able to file an action for partition and ask them to divide the residence.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Well, i am so afraid of what the answer to this question will be i haven’t been able to ask it until now. I found out last November that my husband had been having an affair. This affair was only what some would call “the icing on the cake” he barely helped pay the bills. He physically,verbally & mentally abuse me, and my dog as well. He participated in various illegal activities, drugs, gambling, ■■■■-fighting etc. I always felt like the abuse was my own fault, but when I found out about the affair, i really it was as simple as this - my husband was a very sick man. I was afraid of the effects leaving him would have on my family and I, so when i left i opted to just ask him to go along with the divorce and seperation date (which was exaggerated) and said i wouldnt tell his family about the affair/abuse. His “going along” was just not responding and not showing up for court. I was afraid to live @ our house by myself, so i moved in with my parents. Now I am furious that i have to start from scratch after spending so much work & time paying for our home. He hasn’t paid anything, not even on the divorce itself. I want my home back, or @ least some help with a new one… i dont know what to do. My father co-signed for our house & his truck… Does anyone have any recommendations? [:(]