Judgment Satisfaction

Ok, they went to court today and the Judge said she didn’t care that they resumed their relationship one month after the divorce was finalized and lived together for the next 5 1/2 years and holding themselves out as a married couple (renewing vows, wearing wedding rings, she was telling everyone they were married, signing legal documents and purchasing property as “husband and wife”.) I thought the reconciliation provision of their agreement made it null and void that they resumed their marital relations? They didn’t actually “remarry” and therefore were “divorced” and even though he was putting his entire paycheck in their joint co-mingled account it didn’t matter. The judge did order that his ex has to produce the bank records she had refused to do originally although the Judge said he has to take those records and “prove” who spent what money and that the ex was getting an additional $350 a month just for herself. How in the world is this possible? Bank records don’t tell you “who” spent the money in the account?! She also said that the credit card statements cannot come in. How can she say that? His ex racked up over $90,000 in debt that he took when they had their final split in 2005.

The question we now have is that she lied to her attorney who prepared the separation and divorce paperwork that they were living separate and apart for a year. (They were not.) Is there anyway to challenge this?

CDD

Why would he/you want to challenge a separation date that, if accepted, could nullify his divorce, show he committed pergury (by signing an false document) and make your present marrige to him invalid (and make him a bigamist)?? She may have lied about it, but he did sign the papers–so he’s a party to it too. Surely he didn’t unknowingly sign a false document??

I understand there is money at stake here, but weight the money owed against the money you’ll have to come up with for court and the other legal ramifications here (not to mention the emotional aspects).

comingclean2 - are you a lawyer? I thought only lawyers responded to questions on this site.

Anyway, I would like a lawyer to respond. Thank you.

CDD

quote:
[i]Originally posted by cdd1204[/i] [br]comingclean2 - are you a lawyer? I thought only lawyers responded to questions on this site.

Anyway, I would like a lawyer to respond. Thank you.

CDD


No. Lawyers are not the only ones that respond to questions on this site. It does not say “ATTORNEYS ONLY WILL RESPOND”. comingclean2 brings up a good point about challenging the separation date. This would help with the money situation that you have at the moment but this is going to bring up a whole other set of problems. If they both lied, they both committed perjury and their divorce is not valid and that though your marriage may be valid it is also illegal.
I’m sure that you will still get an attorney response regardless of how many of us put in our 2 cents. Good Luck!

cdd: I feel your frustration over your situation. I think Helena has tried to answer your questions, but to be honest, your situation IS confusing to read and understand. Legal issues can’t simply be solved with a lawyers answer especially when the lawyer isn’t looking at the agreements verbatum.

I know you say you can’t afford a lawyer. Well the other side obviously knows that and MOST TIMES, an unrepresented party will not fair well in court against a represented party. You can certainly try to fight it yourself, but if there is ANY WAY possible to get legal representation, I would try to do that. It took me 2 years to pay off my debt to get divorced, but it was the best money I went into debt for.

This forum is a godsend for advice and help, but it not a substitute for your own lawyer.

Yes, you’ll get unsolicited advise here too. Maybe next time you can post “I only want a real lawyer to respond”…and the others will certainly stay away.

You can challenge the date of separtion and if the court agrees then the divorce will be void. I also means your marriage is void. Even if you don’t challenge it, your marriage is not legally valid because your Husband was never divorced. This means your Husband could also be charged with the crime of bigamy. You very much need to consult with a lawyer to fix this.

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 radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.

I don’t mind others piping in, just didn’t know anyone else did that’s all.

Well that is interesting that you say his divorce from her isn’t valid no matter what considering he showed up for Court (back in Dec 1999) and told the Judge in open court. The Judge told him he was out of procedure and this wasn’t the time for it. Strange, because I thought that is when you tell the Judge that you object to the separation and settlement agreement? The Judge told him to appeal it if he didn’t like it. The Judge signed the Final Decree anyway even after he brought it up so who is really at fault here? Seems like the Judge sided with his ex because she was represented by counsel and he wasn’t - I guess the Judge decided his ex was telling the truth that they were separated and he was a liar? He did try to appeal, but as you know, an average layman would have no idea, without an attorney, as to go about the appeal process.

He found a bunch of canceled checks showing he paid her the money so I believe that will clear up the “money” issue.

Appreciate all the help. Thank you.

CDD

This case is very confusing.

  1. The husband left and intially got divorced. That means he must have signed a divorce decree, OR didn’t do anything once he was served with a divorce notice. SO he was divorced.
  2. He moved back into to the house, but didn’t remarry the woman, so he was technically still bound by whatever order there was for the repayment of money.
  3. He left her again, and ‘married’ you.
  4. He SAYS he was not actually separated for a year from his 1st wife, yet didn’t contest the date. That would have been done, I believe, when he got served the divorce and had 30 days to ‘answer’.
  5. Admitting the lie would technically void his first divorce and make yours nonexistant.

Am I following correctly?

As far as the judge goes, he was right. That was not the place to contest anything. Your ‘husband’ would have to file legal documents to argue against something that had legally already happened. That’s the legal system. That’s why we have lawyers, because yes…the layman doesn’t know the procedures.

My husband’s ex-wife had a paragraph in their separation agreement that stated he owed her $22,598.00 for various things and was to pay it back at $350 per month. He started making those payments (3 total) and one month after the divorce was finalized, she asked him to move back in and he did. They lived together for another 5 1/2 years where he supported her and her two daughters financially the entire time because she would only work part-time or not at all. He didn’t write out a check for “$350” every month to her after they moved back in, he just deposited his entire check into “her” checking account for her to spend as she wished. They finally split for good in May of 2005. When they split in 2005, because they were already divorced, they drafted up their own “settlement” with regard to the credit card and bank debt they had now acquired (which was approximately $153,000). There was never a satisfaction of judgment filed stating he paid that money to her in full (the payments would have lasted approximately 5 1/2 years and consequently they lived together 5 1/2 years.) Doesn’t the reconciliation provision of the divorce decree make the decree null and void if they reconcile? She is continuing to harass him and she had a lawyer file a show cause motion and after pointing out to her lawyer that he filed this motion off the “draft unsigned” copy of the settlement agreement, he agreed to withdraw it. Is there a “Satisfaction of Judgement” or is there something for “Satisfaction of Court Orders” that can be filed so she doesn’t try to do this again? Thank you.

CDD