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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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I was divorced on Feb. 23, 2012. When we got married, my ex

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I was divorced on Feb. 23, 2012. When we got married, my ex had $25,000 in a money market account that he put my name on. 3 years later we bought a house for $50,000. Then in 2007 we bought a 5th wheel, that I paid all the payments on until Aug. 2011. I filed for divorce but couldn't afford an attorney. When I went in for mediation I was given a print out of what I was going to get & told I had to sign that day - even though I asked to take it to a lawyer - to look over. We were married 28 years - they told me the house hadn't appreciated in the 25 years we owned it & since my ex had the $25,000 when we got married then I would only get $12,500 for my share in the house. We pay taxes for $96,000 on the house. I read in one article that once married & your name is XXXXX XXXXX that account that it becomes community property & was wonderin if that is true at all? Then my ex father in law buys my ex vehicles & he has a very nice dodge pickup & jeep that he drives so I got an 89 Suburban & a 97 dodge pick-up & both are worn out. We both had IRA's from our jobs that we got to keep but my ex had an IRA he started just 1 year before we got married that was worth over $55,000 & I got a $38,000 rollover. In order to get that money I have to set up an IRA in that company & then I have to pay the taxes to get my settlement. I think I got screwed & am wondering if there is anything I can do at this time? Thanks for any help. My total settlement was $10,000 check, 2 wore out vehicles & a $38,000 rollover.
Hello and welcome! My name is XXXXX XXXXX I will be assisting you. I'm sorry to hear of the issues you had with your divorce. It is possible that you didn't get 100% of the amount you might otherwise have been entitled to in your mediation and final divorce. There would have been an unfair advantage to your ex, having been represented by counsel while you were participating pro se. The problem now is that overturning a final judgment is very difficult. Most times, the courts are unwilling to do so. There are limited circumstances where a court will overturn a final judgment, but those are generally limited to very unusual circumstances. For example, if a party can prove that the other party committed fraud by failing to disclose material assets. In your case, if you can afford to pay an attorney for about an hour of work, it might pay to have a local attorney review your divorce file and tell you whether there is a chance to get the final judgment overturned. That would probably be your first step.

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