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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111525
Experience:  Attorney experienced in commercial litigation.
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Its a divorce thing, but my wife made it to court. and asked

Customer Question

Its a divorce thing, but my wife made it to court. and asked for support for 10 years despite a written agreement we had ( which is now missing). I feel she with held this bone of contention from the court . and is grounds to set aside or vacate
JA: Thanks. Can you give me any more details about your issue?
Customer: 16 months ago she said " I want to sell the house. I want a divorce but you need to file it ( she is catholic). She said she was moving to Oklahoma. I said I am against all of that. This was 9 months after she had quit her job. She made $ 50,000 and I made $ 40,000. We almost lost the house. One morning she said a realtor will be here when you get off work. At work I wrote in hand the following. I Robert XXXX and Tina XXXX in contemplation of divorce agree to the following. Each of us would receive 50% of the assets. That neither of us shall seek support of any kind. That we agreed on personal property division . That I would carry insurance on her till she could get her own. We both signed and had a neighbor witness our signatures . The neighbor also signed the agreement The house got sold we split the money. She said she wanted to work on our marriage one more time since we had been married 19 years. She asked if I was willing I said I was willing but I wasn't sure if I could get over this. At our age we will never own a home again Short a lotto winning. In less than 90 days she demanded I go buy a printer and file pro se for divorce. I did. The agreement disappeared. She moved overt drew the joint account. I was evicted from my apartment . ( am sure she had a hand in my eviction. She began emailing me my coworkers and my family anything with in reason bad about me. There was a element of truth in some of what she said. It was never the whole truth. I missed court. She emails me that I need to send cashiers checks. I feel she withheld things from the court.
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Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you had a written agreement, then it is up to you to prove the existence of the agreement. This means you would need to bring in the witness to testify to what the agreement said to prove the agreement and you are going to have to argue that she took it and destroyed it. If the witness can testify that the agreement did exist and what it said, then you have a chance at getting the court to find that there was an agreement and she is guilty of spoliation of evidence (destroying the contract) and you can seek damages for that too.
So you need to object to the motion for support and use the argument of the agreement and bring the witness to court to testify about the agreement, which is one way to fight her. The other way to fight her if she has caused you such financial hardship in taking the money and causing your eviction, you object to her motion and file your own countermotion for spousal support arguing that based on need, you are the spouse in need of support and she has the ability to pay and prove that you need the support to the court.

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