EX wont leave!!!

iVillage Member
Registered: 01-23-2004
EX wont leave!!!
7
Sat, 11-17-2007 - 7:24pm
Hi all new here.
iVillage Member
Registered: 05-12-2007
In reply to: bersmom
Sat, 11-17-2007 - 9:44pm
The first question I have is what does your settlement agreement state?

 


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iVillage Member
Registered: 10-25-2006
In reply to: bersmom
Sun, 11-18-2007 - 10:26am

Bersmom,


Hi. When you signed off on the divorce agreement what did it say?


Whatever it said it's usually set in stone. Neither you nor he can go back and renegotiate the terms of the divorce agreement. So, either his lawyer is stringing him along trying to get more fees from him or he thinks there's some loop hole that exists. My advice in this situation is get a second opinion from an independent attorney for your own peace of mind.


If you divorced without a settlement, you might be stuck. Some people get the divorce part over to "get it over with" without realizing there's significant consequences for not settling the terms. If this is the case, I again advise you to get an opinion of a third lawyer.


By the way, judges don't look kindly upon spouses who quit their jobs to avoid child support. Bring this point up to the third lawyer.


Let us know what's going on.


Best wishes,

CL-Wisdomtooth2020

CL-Wisdomtooth2020

Avatar for eatatmoms
iVillage Member
Registered: 03-26-2003
In reply to: bersmom
Sun, 11-18-2007 - 11:39am

Hmm, I'm not sure about that.

iVillage Member
Registered: 01-23-2004
In reply to: bersmom
Sun, 11-18-2007 - 1:27pm
Thanks all for your replies.
iVillage Member
Registered: 05-12-2007
In reply to: bersmom
Sun, 11-18-2007 - 3:16pm

Did your settlement agreement discuss when he would vacate the premises?

 


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iVillage Member
Registered: 10-25-2006
In reply to: bersmom
Mon, 11-19-2007 - 7:38am

Bers,


Neither one of you may have any wiggle room here. A default divorce is granted when the party who is served divorce papers fails to respond to them. Who filed for divorce in your case him or you? (Sounds like you.)


A default divorce may automatically equate to a 50/50 arrangement in the courts. Neither one of you may be able to argue a different split. Indeed, my guess is, if you can get back in front of a judge he'll tell both of

CL-Wisdomtooth2020

iVillage Member
Registered: 12-03-2006
In reply to: bersmom
Wed, 11-21-2007 - 2:21pm

That toothbrush thing is interesting (and kind of funny). I know I'll be facing same situation shortly... Mine is crying no income and doesn't want to leave this house.