LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

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Hi Monet,

Your husband should go back to the lawyer who represented him in the first divorce for some advice as to how to proceed in this situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My husband knows that he was divorce since 2003 but when we tried to get the final decree of divorce it was never recorded. According to the Court where they have their divorce her lawyer did not submit the paper that the court needed. But they sell their house and he pay off his ex wife. He got remarry in 2007. What can we do about it.

-- Contributed by: Monet Ferreras

Nichole,

If you fiance's ex has not fulfilled the conditions of the divorce decree, he can ask the court to find her in contempt. He will need to consult with a lawyer to file the necessary papers to deal with her not paying the credit card bills or agreeing to sell the house.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My fiance' divorce was finalized, and the Decree was sent to our home Feb. 14th 2007. The Decree states that the Ex-wife will stay in the home while the Ex-Husband pays for the full mortgage, her car insurance, and half her car payment, while she will pay for all utilities, HOA fee's, and the minimum payments on all the credit cards, seperate, and joint. The house was to be put up for sale 30 days after Feb. 14th 2007, and sold, or bought-out by Feb. 14th 2008, and any profits made on selling the home will be split 50/50, with the condition of the Ex-wife repaying the Ex-Husband $4000 out of her half for a 401k loan he had taken out for her. It's now Feb. 11th 2008, and she refuses to agree on a reasonable listing price to sell the house at. Ex-Husband can not buy her out due to poor credit resulting from the Ex-wife not paying the credit card bills she agreed to pay in the Divorce Decree. So, my question is, can she be held in contempt for not following the Decree by not paying the credit card bills, and causing them to go to collections? Also, how does the ex-husband get her out of the house, or agree to a reasonable selling price, since in the Decree it states they had one year to do so? Will the courts intervene, and just auction off the house?

-- Contributed by: Nichole Marcyes

Perry,

While it is true that your husband's former wife' lawyer has been retained to represent her interests, that fact could have been explained to you in a much more diplomatic fashion. If your husband has been served with a subpoena, he will need to appear at the date and time set out in that do...ent. If you can't afford a lawyer, then you may want to look into applying for Legal Aid.

Please visit this link for information on how to deal with the contempt issue: http://www.divorcesource.com/NJ/ARTICLES/sliwinski31.html

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

my husband is subpoened to court for arreages, and held in contempt, by his ex wife and her lawyer.we cannoy get that much money up. we do not have an attorney. i asked her lawywe "if" we cannot get the money up what will happen? he said; he will go to jail. our child is homeschooled because of a mental problem. he is only 11. her lawyer stated ;i dont care about you or the child. all i care about is my client.

-- Contributed by: perry parmer
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