Wife decided to threaten action!


#1

My wife and I had agreed on all areas surrounding our divorce and everything was settled. I recently filed and she was served with the paperwork. All of a sudden she has decided to threaten to sue for half of the house or so she says. I don’t believe she has the money to do so but what action can she take and how can she delay the divorce hearing now that events have been set in motion?

Can I file suit that will force her to buy me out?

Thank you!


#2

She cannot delay the divorce, but may file a claim for equitable distribution of the martial property unless your previous agreement was outlined in a Separation Agreement which settled all issues of property and contained a waiver of equitable distribution claims (ED). The divorce will proceed, and the claim for ED can proceed after the divorce. If the home is martial in nature, she can be awarded half the equity in the form of a buy out.


#3

Does she have to file her claim prior to the finalizing of the divorce?

If not how long does she have to file that claim?

Thanks again!


#4

She must file the claim prior to the divorce judgment begin entered by the court.