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Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Wife i trying to play dirty on our divorce. She's gotten

Customer Question

Wife i trying to play dirty on our divorce. She's gotten me for child support, gave her my extra car, paying mine and my daughters health insurance, paying her car insurance.
We are at the division of property. We were supposed to take photos and make big lists of what I'm taking and what I'm not taking and what she won't let me have (hers). I was only given like 3-4 hours to gather stuff and load it into a box truck. I took very little photos and wrote nothing down. She was taking photos and writing things down. We were both supposed to have each other sign that we agree. We didn't. She also told me to take everything because she didn't want it and would be left in the house or trashed if I left it. I know she's going to try and use that to take away from our 12k debt.
How do I not get screwed over?
She's currently trying to trick me into signing a paper saying I will take all the debt and take all the stuff from the house. In turn she will not go for spousal support. Something she can't do because she is on government assistance at the moment.I need ways to protect myself and even maybe some ways to keep the ball in my court.She defaulted on the divorce papers so I thought she wouldn't have rights... I guess she does?-Steve
Submitted: 1 year ago.
Category: Family Law
Expert:  Delta-Lawyer replied 1 year ago.

Steve, I am sorry you are going through this issue. It is tough and you are not alone. This is an all too common occurrence today. To be honest, there are not many avenues for you here. That said, there is one avenue you can take that will allow you to take the legal advantage and get more time to remove personal belongings. That avenue, though, will require you to petition the court in which the divorce is pending.

If I were you or your lawyer, I would file a motion for an extension of time relative to removal of your belongings. Here is the trick, in the motion, you can state that your wife is attempting to leverage the short turn around for removal of property in a move to make you assume debt. The motion should be granted by the court because it is unreasonable to sift through that much material in such a short amount of time. In mentioning what is going on in the motion, you hope to gain a legal advantage with the judge as well.

This is not easy and I know that filing with your lawyer can be expensive. However, it should be much less expensive than assuming that much debt.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Steve, did you have any other questions? It is a tough spot but I want you to be alright going forward.

Customer: replied 1 year ago.
I just received an offer from her via her mother. If I assume all debt from the loan she will sign her rights away to spousal support.
My understanding is that she can't do that? She can later request and get me with it and still the debt?
Expert:  Delta-Lawyer replied 1 year ago.

Sorry for the later reply...I was out of the office for a number of days in a CLE (Continuing Legal Education) class. My apologies.

She cannot do that as you cannot sign away statutory rights. So, if you were to sign this document, you will still have the potential to have all the debt and the legal obligation to provide alimony (spousal support). So, do not agree to this arrangement.

Man, that is sneaky on her part.

Let me know what other questions you have here.

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or concerns?

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible as you move forward. Thanks