Alabama Divorce Validity Issue

[Rebelhart]

What is the name of your state? Alabama

Ok, after a year with a filed and "finalized" divorce, I get a call from my ex wife's attorney, and I am told that due to filing errors (notary signature in wrong location, and other signatures not in right places), that my divorce order is invalid and I am still "married". My wife and I live now in different states and she has primary custody of our son.

First off - is this right? I am to be responsible for errors in the court system? Do I have any recourse in this situation, case presidence?

Now, my ex wife has come to me since I have been told that my filed and believed finalized divorce was not legal to tell me that she intends to now take half of everything I own instead of what was in that original divorce, and that if I want to avoid losing what amounts to 600K in monies, I can pay her 150k and she will sign over full custody of our son and "go away". If I refuse this she has every intention of making me adhere to "still being married" and plans to refile and ask for half of everything and sole custody.

Any advice? Help? This has been a tremendous shock and one that will apparently cost me a great deal of money and possibly my partial custody of my son.

 

[LdiJ]

What is the name of your state? Alabama

Ok, after a year with a filed and "finalized" divorce, I get a call from my ex wife's attorney, and I am told that due to filing errors (notary signature in wrong location, and other signatures not in right places), that my divorce order is invalid and I am still "married". My wife and I live now in different states and she has primary custody of our son.

First off - is this right? I am to be responsible for errors in the court system? Do I have any recourse in this situation, case presidence?

Now, my ex wife has come to me since I have been told that my filed and believed finalized divorce was not legal to tell me that she intends to now take half of everything I own instead of what was in that original divorce, and that if I want to avoid losing what amounts to 600K in monies, I can pay her 150k and she will sign over full custody of our son and "go away". If I refuse this she has every intention of making me adhere to "still being married" and plans to refile and ask for half of everything and sole custody.

Any advice? Help? This has been a tremendous shock and one that will apparently cost me a great deal of money and possibly my partial custody of my son.

Don't panic. Take your paperwork to an attorney as soon as possible for it to be reviewed. You also need to remember that just because she says she is going to ask for half of everything and full custody doesn't mean that she is going to get it. Just make sure that you are properly represented by a competent attorney.

 

[Rebelhart]

The problem is that my attorney and a judge friend of ours are both telling me that it's correct. That I am not legally divorced, that the originally filed decree is Null and Void and I have to act again as a married man.

Is there some way, perhaps some Federal law or something to have the originally filed divorce documents enforced?

 

[Kansas4me]

Just my opinion, but if you are looking at a 600,000 lose due to the filing of the divorce NOW and she is willing to settle for 150,000 AND give you the child and walk away, I would say take the deal and run.

Any woman who feels that 150,000 is worth walking away from her child doesn't need to be raising that child, so you need to get him/her away from your ex.

 

[Rebelhart]

So by all means cower to extortionists because a court clerk and judge signed and filed papers that a year later are being considered invalid? That is akin to negotiating with terrorists IMO. There has to be some way to "legalize" or make valid the papers filed a year ago. Some other recourse besides giving in to extortion.

In all truth I would think from a legal standpoint I should be able to get my son from her fully with her recent threats as well as have my divorce made "legal", but then that is why I am here. Looking for options that perhaps I am missing.

 

[BethM]

In all truth I would think from a legal standpoint I should be able to get my son from her fully with her recent threats as well as have my divorce made "legal", but then that is why I am here. Looking for options that perhaps I am missing.

Do you have her recent threats in writing? Is there some way you can actually prove she tried to use her child in this way? If not then how do you think you can prove she actually said those things.

As for the mistake made by a clerk or a judge, well, the system is fallible, mistakes are made every day.

I was divorced in Alabama also. It was nearly 6 years ago but due to an error in the wording used in the final decree I'm still battling an issue. Yes, it sucks but I can't sit here and hate a system that is screwed up and was screwed up before I came along. Especially when I know that I have no control over that system.

You have choices open to you. You can obstantly try and insist that the problem is with the system and engage in a battle that you can't win with them. If they say you will have to start over from scratch then you will have to start over from scratch.

On the other hand, you could fork over the $150,000, take custody of your child, send your ex wife packing once and for all and count your lucky stars. Seems like an easy choice to me.

It's up to you really...be angry with a less than perfect system or gain full custody of your child and save yourself a hunk of change at the same time.

 

[Kansas4me]

So by all means cower to extortionists because a court clerk and judge signed and filed papers that a year later are being considered invalid? That is akin to negotiating with terrorists IMO. There has to be some way to "legalize" or make valid the papers filed a year ago. Some other recourse besides giving in to extortion.

In all truth I would think from a legal standpoint I should be able to get my son from her fully with her recent threats as well as have my divorce made "legal", but then that is why I am here. Looking for options that perhaps I am missing.

Cowar? No, more like gloat. We live in an imperfect world. You can fight and fight and try to get what you feel is "fair" done, or you can do as the previous poster said and thank your lucky stars when you send her packing. It just seems to me to be an easy decision. 150,000 or the welfare of my child. HUM, what shall it be.

It isn't right, it isn't fair, but that's life. You obviously must have been married to a self centered "person". Do you really want your child to grow up like that as well? Pay the money take the child and be free of this woman, or fight her now, and spend the rest of your life fighting her. As long as she has custody of YOUR child she will use him/her to manipulate you.

 

[Lisabyday]

If you trust the word of your attorney and your friend who is a judge, perhaps it would prove beneficial to adhere to whatever advice they may give you.

It appears from the replies, the consensus is you may do well to accept the "Ex" wife's offer and be done.

You may not like the idea that you have to negotiate with "terrorists" but sometimes you have to decide - do you want to win a battle or win the war.

Often times you just can't do both.

 

[seniorjudge]

What is the name of your state? Alabama

Ok, after a year with a filed and "finalized" divorce, I get a call from my ex wife's attorney, and I am told that due to filing errors (notary signature in wrong location, and other signatures not in right places), that my divorce order is invalid and I am still "married". My wife and I live now in different states and she has primary custody of our son.

First off - is this right? I am to be responsible for errors in the court system? Do I have any recourse in this situation, case presidence?

Now, my ex wife has come to me since I have been told that my filed and believed finalized divorce was not legal to tell me that she intends to now take half of everything I own instead of what was in that original divorce, and that if I want to avoid losing what amounts to 600K in monies, I can pay her 150k and she will sign over full custody of our son and "go away". If I refuse this she has every intention of making me adhere to "still being married" and plans to refile and ask for half of everything and sole custody.

Any advice? Help? This has been a tremendous shock and one that will apparently cost me a great deal of money and possibly my partial custody of my son.

This is a pretty astounding story....I'd want some independent counsel for you to check this out (forget about old attorney and judge buddy).

 

[BethM]

This is a pretty astounding story.

It is astounding. Sad thing is, it's pretty much standard in the state of Alabama. I know one lady who went through this. Nearly a year after she was supposedly divorced she finds that the decree was lost and never filed. When her "ex husband" found out he packed his bags and moved back home. LOL!! I guess he either figured it would be cheaper to keep her or else he realized he still loved her and wanted her.

My Alabama attorney is working a case right now that this happened in. Her client has had to start all over from the beginning. My entire divorce file was lost, no one had any idea where it was. It finally showed up under the car seat of the judge who had retired and taken over as the District Attorney. He had retired from the bench and left 338 cases unresolved!! Some of these cases were 3 years old.

The Family Court system in the state of Alabama is a joke...a true Kangaroo Court. I hear stories like this all the time. I learned the hard way to not try and fight it. There is no making it right because the ethics of those involved in the system are questionable and there is no legal recourse.

Rebelhart has my sympathy and I understand how he feels. I just know from experience that when you try and get fairness in the state of Alabama you set yourself up for disappointment.

 

[LdiJ]

This may sound like an odd question, but why didn't she get half of everything the first time around? That would have been normal.

 

[seniorjudge]

This may sound like an odd question, but we didn't she get half of everything the first time around? That would have been normal.

I have never seen a "normal" divorce!

 

[LdiJ]

I have never seen a "normal" divorce!

Good point...LOL...The reason why I asked the question was because if there was a strong legal reason why she didn't get half the first time around that reason would probably still apply....and he may be worrying over nothing. If there WAS NOT a strong legal reason.....then he might have something to worry about.

 

[Kansas4me]

I had "assumed" that she didn't get 1/2 of all that cause it wasn't there at the time of the divorce. I would like to think that the judicial system will accept responsibility for its errors and say that the divorce goes off of assets owned at the time they originally filed, BUT we know that our courts don't work that way!

 

[Honey1955]

Any chance you can get her to put her 150K offer in writing? Regardless of what happens, it would be nice to have that document.