After 20 years of marriage my husband left me for a woman that he was having an affair with. We have three children, two of which where in college, and another that was a minor and still living at home.
He filed an action for absolute divorce 1 1/2 years later. The divorce papers have a clause that reads "there are no pending claims or actions for support, alimony or equitable distribution of marital property between the parties." The action went uncontested and an absolute divorce was granted.
Now, exactly 7 years and 2 days after our legal separation, approximately 5 1/2 years after our divorce, and around 2 weeks after his 2nd wedding, I have been served with a Special Proceedings Summons petitioning for the house to be sold and the proceeds divided equally.
The deed is in both of our names and I have lived in the house throughout our 20 years together and the 7 years since.
A business that we started after being married is structured as a sole proprietorship. Business assets, including vehicles and a warehouse, are titled and deeded in his name.
Throughout the 7 years since splitting , we had a verbal agreement that he would keep the business and I would keep the house. It appears, after receiving the summons, that he doesn't intend to honor his word.
1.) The clause, in the petition for an absolute divorce, regarding no pending claims for equitable distribution of marital properties
2.) The divorce was uncontested by me.
3.) The home being deeded jointly
4.) Business assets in his name & business being a Sole Proprietorship
5.) The time frame of 7 years & 2 days after legal seperation
Do I have legal rights to ask for the division of business assets acquired during the course of our marriage ?
Does the court have much leeway in determining what fair equitable distribution is. Can,or does, anything that occured prior to an absolute divorce, have bearing on the courts decision ?
After our seperation, the company I worked for closed and I have had financial hardships. He has continued to prosper, greatly ! He walked out on us and I have strong evidence of his affair