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  #1  
Old 06-05-2009, 12:48 AM
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help me decipher this divorce decree.


What is the name of your state (only U.S. law)? OK

Help me understand this decree of divorce.
I am the respondent, and she is the petitioner.
=======================================================

4. The parties have entered into an agreement which fully settles, compromises and resolves all issues between them herein. More particularly, the parties have agreed that the Court should enter the following judgment, orders and decrees, to wit:

A. Petitioner will be set aside as her separate property, and not as part of the parties’ marital estate, and free and clear of all right, title or interest of Respondent, the following property, to wit: her personal effects and possessions, including but not limited to the personal property she
owned before the marriage, and all personal property now in her possession.

2
B.Petitioner will be ordered to pay, and to indemnify and hold Respondent harmless from all claim, loss, demand and liability from, the following separate, non-marital, debts of Petitioner, to wit: any debt owed by and in Petitioner’s name only.

C. As his equitable division of the parties’ marital assets, Respondent will be awarded all the parties’ right, title and/or interest in the following property, to wit: his personal effects and possessions, including but not limited to the personal property he owned before the marriage, and all personal property now in his possession; the marital home, subject to its indebtedness, located (my home address is listed here)

As his equitable division of the parties’ marital debts, Respondent will be ordered to pay, and to indemnify and hold Petitioner harmless from all claim, loss, demand and liability from, the following marital, debts, to wit: the mortgage on the marital home and any other debt owed by and in Respondent’s name only.

5. The parties’ aforesaid agreement was freely and fairly entered into between Petitioner and Respondent, is fair and equitable to each party and should be, and is hereby, approved by the Court and the same should be entered as and be merged into the judgment, orders and decrees of this Court and at this time.

Petitioner is awarded, as her separate property, free and clear of all right, title, interest or claim of Respondent, the following property, to wit: her personal effects and possessions, including but not limited to the personal property she owned before the marriage, and all personal property now in her possession.

3. Petitioner is ordered to pay, and to indemnify and hold Respondent harmless from all claim, loss, demand and liability from, the following separate, non-marital, debts of Petitioner, to wit: any debt owed by and in Petitioner’s name only.

4. Respondent is awarded all the parties’ right, title and interest in and to the
following real and personal property, to wit: his personal effects and possessions, including but not limited to the personal property he owned before the marriage, and all personal property now in his possession; the marital home, subject to its indebtedness, located at (my home address listed here)

Respondent is ordered to pay, and to indemnify and hold Petitioner harmless from all claim, loss, demand and liability from, the following marital debts, to wit: the mortgage on the marital home and any other debt owed by and in Respondent’s name only.

6. As to each and all of the foregoing awards and orders pertaining to real and/or personal property, each party is ordered, on this date, to execute and deliver to the other all such good, sufficient and acknowledged documents of title, transfer and delivery as are necessary to accomplish and effectuate conveyance, transfer of title and delivery of each and all of the
foregoing awards and orders of real and/or personal property to each respective party. In the event that either party fails to do so, and on this date, this Decree of Divorce and Dissolution of Marriage shall fully operate as such execution, conveyance, transfer of title and delivery as to each and all of the foregoing orders and awards.

------------------------------------------------------------=
Basically, with regards to any potential alimony and spousal support, she prefers to handle it on our own. Based on all the jargon above, Does this contract release me from all claims once it is signed? I.E, if I give her 'x' amount of money because I want to, can she go back and sue me and say she wants more. Does this decree release me from all responsibilities?
  #2  
Old 06-05-2009, 07:34 AM
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What that says, in a nutshell, is that you each get your personal possessions, you are each responsible for the debts in your name only, and he gets the house and is responsible for the mortgage.

It also says that you need to give him a quit claim deed for the house. However, what it does not say (assuming that your name is on the mortgage) is that he must refinance to take your name off the mortgage. That is an important omission.

Is the house the only asset you have? No cars, no retirement accounts, no savings?
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  #3  
Old 06-05-2009, 08:03 AM
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Are you asking if your document releases you from the immigration issue in this thread?

[url]http://forum.freeadvice.com/alimony-spousal-support-35/what-do-i-owe-my-ex-wife-465224-p2.html[/url]
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  #4  
Old 06-05-2009, 08:22 AM
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Quote:
Originally Posted by perroloco2 View Post
Are you asking if your document releases you from the immigration issue in this thread?

[url]http://forum.freeadvice.com/alimony-spousal-support-35/what-do-i-owe-my-ex-wife-465224-p2.html[/url]
well, I'm not necessarily asking about the immigration support. I'm just asking about support in general. If in the future, she comes to me and say "I want $$ from you," can I refer to this and say "you signed this, and this doesn't require me to give you anything."

I know that technically, I probably dont owe her much and if she does come to me, I can get a lawyer, but if this piece of paper can solve the problem right away, then it makes it so much easier.

Since the paper does not mention savings account, retirement account, other assetts etc etc, can we assume that she is not pursuing it if she signs it?
and LdiJ, I am the "he."

thanks.

Last edited by haha123; 06-05-2009 at 08:24 AM.
  #5  
Old 06-05-2009, 08:31 AM
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Location: Ohio
Posts: 31,365
Actually you owe her according to the affidavit of support you signed with the federal government as the divorce decree/separation agreement does NOT release you from your federal obligations.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

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  #6  
Old 06-05-2009, 12:08 PM
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Quote:
Originally Posted by Ohiogal View Post
Actually you owe her according to the affidavit of support you signed with the federal government as the divorce decree/separation agreement does NOT release you from your federal obligations.

I'm not considering the avidavit at this time yet. I"m assuming she doesn'tknow about it, OR, if she becomes citizen.

if we dont consider the avidavit, does this hold any weight?
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