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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11876
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I moved out of our marital property May 1, 2011. Our Divorce

Resolved Question:

I moved out of our marital property May 1, 2011. Our Divorce was finalized December 19, 2011. He was ordered to list the property with an agent and have it sold by June 19th for $350,000.00. He never did this.

Should the property not be sold in that time he was to pay me $175,000.00 within (90) days.

Most of my personal property is still in PR or in storage at his mothers' house.

I am a disabled veteran. I feel that I have been more than kind. I just want to get on with my life and can not do so because he has not been helping me in any way.

I can be reached at XXX-XXX-XXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am sorry to hear that your former husband is being much less than cooperative, especially not adhering to the Court Order which Ordered him to put the house on the market. Your recourse and a way to get this done quickly is to file a Petition for Contempt and ask the Court Clerk to set the hearing date as expeditiously as possible. Bring with you to the hearing a copy of your Divorce Decree and a copy of the Order directing him to sell the marital residence (if it is not in the Divorce Decree itself). Submit the Divorce Decree and Order into evidence, tell the Judge your side of the story, inform the Judge that your ex husband has failed to comply, or even try to comply with the Court Order and ask the Judge for the following:

 

1. Hold him in Contempt of Court'

2. Sentence him to jail time for the Contempt of Court until he complies with the Order;

 

3. If you want to be placed in charge of putting the house on the market, and selling the house, then make this request to the Judge at that time also. Also, if you were not able to get your personal belongings out of the house, ask the Judge to allow you to get your things.

 

You do not need a lawyer to do this. You can go to the Family Court where your Divorce Decree was entered and ask the Court Clerk for the Form for a Petition for Contempt. Fill it out, return it to the Clerk, and ask for a hearing date as soon as possible.

 

____________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

 

Customer: replied 1 year ago.

my attorney told me that I had to physically go to Puerto Rico.


at the time of the divorce I was residing in Arkansas. I now live in Florida.


What should I do?

Customer: replied 1 year ago.

I now reside in Florida. My funds are extremely limited.


My Mother lives in Arkansas. Is there any way that she can do the leg work for me until I have a new court date.


I was also informed by the lawyer who did my divorce that I would have to retain legal council in Puerto Rico. Is this correct?

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Suzanne,

 

You must file your Petition for Contempt in the same Court which granted the Divorce. You can call the Court Clerk of that Court, ask how many copies of the Petition (besides the original) they want and say that you are filing the Petition by mail. If the Court is in Puerto Rico, ask the Court Clerk if you can have a hearing by Teleconference. Many Family Courts are doing this now because people live away from the State in which they got their divorce. If the Judge does not grant a Teleconference, then you will have to be present in person. It might just very well be worth it to have all of this behind you and you are able to move ahead with your life.

 

 

_______________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.

the divorce took place in Arkansas. The property is in Puerto Rico. Although they are a US Territory, all of the rules are different.


I will call the clerk in Arkansas and get further assistance.


Have a great night.


 

Expert:  Andrea, Esq. replied 1 year ago.

Hi again, Suzanne,

 

If the Divorce was granted in Arkansas, then that Court has jurisdiction of the case as well as the parties, even if they no longer live in Arkansas. Therefore, your Petition for Contempt would have to be filed in the Arkansas Court which granted the Divorce and it would be the Arkansas Court which had the power and the authority to hold your former husband in Contempt of Court.

 

___________________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.

I will gladly rate your advise once I make the necessary calls tomorrow.


THANK YOU FOR A STARTING POINT.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Suzanne,

 

As I stated in my previous Answer, the Arkansas Court is the only Court with jurisdiction over your former husband and it is the only Court which can grant you the relief you will be requesting, i.e., holding your former husband in Contempt of Court and compelling him to either place the house on the market for sale, or paying you your share of the $350,000, the $175,000

 

The deposit you placed was with JustAnswer and it does not cost you anything additional to rate my service to you. If you do not give a rating, I do not receive credit for researching your question and furnishing you with Answers and information. Thank you for understanding.

 

______________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11876
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Andrea, Esq.
Andrea, Esq.
Attorney
6894 Satisfied Customers
25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.