In my divorce decree it reads: Permanent Injunctions as to Persons
The Court finds that, because of the conduct of Robert Gregory III, a permanent injunction against him should be granted as appropriate relief because there is no adequate remedy at law.
He is permanately enjoined from removing or changing the designation of beneficiary from Barbara Gregory after his death until the child of this suit is 25 yrs. of age. He's 17 yrs. Then is says there's a permanent injunction granted on me that says Robert Gregory is permanetly enjoined from removing or changing of beneficiary from Barbara Gregory, on any and all documents after his death until the child is 25. This is the part I don't understand Service of Writ: Petitiner & Respondent waive issuance and service of the writ of injunction by our signatures below. IT IS ORDERED that Pet. & Res. shall be deemed to be duly served with the writ of injunction. What does this Service of Writ waiver mean?
State/Country of Question: Texas
Ijust found out that he got remarried and wants me to sign an addendum to the decree removing me from being the beneficiary. They were having an affair before he divorced me, she lives in Utah and he was always going there he said for work. I have a feeling that he married her before our divorce was final. She's got loads of money and he has already gotten her to put her money into his Valero acct. and Schwaab acct. Do I have to sign this addendum?
Hello, and thank you for your question. Also, happy 4th of July. All that "fancy" legal language means is that you waived formal service of the writ of injuction by a process server (typically a sheriff's officer) and acknowledge that you have received notice of the permanent injunction within the divorce decree, as evidenced by your signatures. Since the injuction is incorporated into the document itself, there was no need for other, separate notice. Hope that helps.
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The additional information just came up after I answered you. No, you don't have to sign the addendum. It sounds like the only reason he wants to take you off now is so that he can make his new wife the beneficiary. You are not obligated to sign that document, though he could try to take you to court and have it changed. I don't know the specific circumstances of your divorce or marriage, and I don't have the entire divorce decree in front of me to read, but from the information you've provided, the court was very clear. I doubt that a judge would change this agreement absent good cause.
You hit the nail on the head. She has a lot more money than he does, even though he has a lot too. His priority is money over family (kids) everything. He told me before the divorce that if he remarried again he would never marry a young woman, he would marry a 50 yr. old with lots and lots of money and he did.He told me that about 3 yrs. ago and we've been divorced for almost 2 yrs.He told my 17 yr. old he got married for financial reasons but tells me different. He made his boys keep it a secret from me. I found out from a woman that he had been having an affair with from work for 2 1/2 yrs. This was while we were married.She told me personally.She knew too much info about our family etc. for it not to be true. He's threatened me if I ever take him to court for anything he will quit work, retire,get a lower paying job or move out of the country. So I am scared to death of what he would do if I did take him back to court. I don't know what to do. Because he has really got me believing that he will prolong the case as long as he has to until I have no money left.
Thank you for your reply. I'm sorry you have to deal with all this. I wonder if the woman he's with now realizes he's only after her money?If he ever tried to quit work or take a lower paying job to avoid paying child support (or to try and pay less) a court could impose on its own a child support payment based on what they believe a person is capable of earning. This is done so that every professional business person who has a child support obligation and makes a decent salary doesn't quit their job and go work at McDonalds for $6.00 an hour. So that idea could blow up in his face. As for the addendum, I would consult a local family law attorney about it (you can likely get a free or low cost consultation), but my inclination is for you not to sign it. There is no benefit to you signing it, and the fact is, in 8 years, he can take your name off of it anyway. That's not a very long time, and unless he dies within the next 8 years, you'll see no benefit from it anyway. Furthermore, if he thought he had a chance of having a judge rule in his favor, he'd probably not even ask you to sign an addendum, and take you right to court to try to have the agreement modified. If he does take it to court, y over this, you can represent yourself. If you choose to be represented by a lawyer, you may be able to ask for attorney's fees if he loses the motion, since you were forced to defend yourself.
I think she is realizing now that supposedly they have been married for 6 months now. She moved from her whole family in Utah to marry him and move to Houston. My son has told me that she has already threatened to move back to Utah 2 to 3 times. My son said she crys a lot and that he gives her no attention, which is exactly what he was doing to me. He knows me and that I don't check out his lame answers to very questionable things he has done so that's why he tries to scare me and act like he knows exactly what he is talking about. He is in Executive Management and can get away with anything. We were married for 21 yrs. and he lied, cheated, stole from stores, stole things out of model homes he looked at and even the plants that were just planted.Then he lies and says he did not do that even when the kids and I would see him do it. Yes, there was domestic violence towards me mostly verbal some physical. When my 17 yr old tried to get him off me, I was on the floor and he was stepping on my stomach to the point I couldn't hardly breathe or talk and my son came down the stairs and called him a mother f__ker and his father turned on him and through him through the wall and kept pounding him against it 5 or more times.Last straw, I took my son to the police station and they put my ex in jail for the night and then told his son that he didn't hurt him but he had that 4 x 4 hole in the wall fixed bright and early the next morning. He got a lawyer and threatened me with everything he could think of and I was so scared that I told to DA that things just got a little out of hand and nothing like that ever happened before.The DA dismissed the case because my ex made me or he said I would regret it if I didn't.There is a lot more things he is doing that is going completly against the decree. I think you are right I at least need to talk to an attorney to see what they think I should do. If I don't do anything, things like this will be happening probably the rest of my life.
Wow...that's unbelievable. You sound better off without him! I think it's important now though that you don't let him intimidate you anymore. It seems like that's his modus operandi, so to speak -how he operates. He knows he can get things by threats and intimidation. But the law is on your side, and if there are things in the divorce decree that he is not doing that he is court ordered to do, you may have legal remedies against him (for instance, if he is court ordered to pay child support but doesn't, a court could find him in contempt and sanction him). I can't advise you what to do, because I am not your lawyer, but I think you are making the right decision in talking to an attorney about what your options are at this point. I wish you the best.
I think she is starting to see what's happening. My son told me that she has already threatened to leave 2 to 3 times. She crys a lot because he doesn't give her any attention and that 's the way he was with me. We were married 21 yrs.She left her 4 kids and other family in Utah to marry him and move here to Houston with no family. My son said she looks sad all the time and they have only been married 6 mo.He is in Executive Management so he thinks he can get away with anything. My ex had me on the floor on night and was stepping on my stomach harder & harder until I could hardly breathe or talk, my son had been sitting on the stairs and I yelled for him and he came running and called his father a mother f__er so his Dad turned on him and threw him through a wall and then kept pounded him in the hole 5 to 6 times. Last straw, I took my son to the police station and my ex spent the night in jail. He told my son that he didn't even hurt him and that putting him in jail was totally uncalled for. Even though there was a 4x4 hole in the wall which as soon as he got out of jail he patched it as fast as he could. He then got a lawyer and threatened me with everything he could that I was going to have to get him out of this.So I had to talk to the DA and tell them that things just got a little out of hand and nothing like that had ever happened before so the DA dismissed it.You're right I need to at least talk to a lawyer otherwise I will be going through things like this the rest of my life.He knows that if I catch him doing something he shouldn't that I would never confront the woman he was with or ever confront anyone for what ever he did. He is a liar, adulter,he steals from stores, he steals things out of model homes and the landscaping just put in. He denies these things and his kids would even see him do it. He threw me into a wall in front of my oldest son and stood right there and said he didn't and my son saw it! He's also court ordered to pay me alimony, half his pay check every month until I'm 55, I'm 50 now. They could get him for that too? I'm asking because he said if I did not sign that addendum he would not send me my check this month and it's already late. Sorry I sent most of my last post again, I didn't think it went through.
Sorry for my late reply, I stepped out for a bit. Whether or not you sign the addendum, if he is court ordered under your divorce decree to pay you alimony, and he isn't doing it, then he is violating the court order and would be considered in contempt of court. He can't bully you into signing it. You can actually file a Motion for Contempt against him to enforce the terms of the agreement. I'd talk to your attorney about it, because if you do have to bring such a motion, you can usually also get him to pay your attorney's fees, too.
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