Re-Opening a divorce?


#1

Hello,

My Ex and I have a bill together (his name is not on it) that he agreed to pay and I created a contract that he signed agreeing to the payments and the terms. Well we just got divorced last summer and it’s been 2 months since he has paid me for the bill, I went to court and filed a “money owed” complaint but was told by the judge that I needed to “re-open” my divorce since this was a bill during the marriage. Can you provide me some insight to this?


#2

I have personally went through the same type case several years ago. I filed the same type of small claims suit that had. I was granted a judgement against my ex. I would recommend that you follow up with an execution if your are granted the judgement.


#3

Thanks Robbie,

The only thing is the judge did not hear my case, she immediately stated that in our state and per a law that I would need to “re-open” the divorce or something along those lines to file this complaint, because this bill was incurred during the marriage. Any thoughts?


#4

I have never heard of reopening a divorce. To get marital debts and assets divided, you needed to have an equitable distribution claim pending at the time the divorce was granted. I have heard of some people getting the divorce judgment overturned so that you can file the equitable distribution claim, but that is a fairly complicated procedure. If there is no equitable distribution claim pending, assets and debts should be distributed as titled. If he owes you money for a debt, it seems like you went the appropriate route by filing a small claims action.