Can I contest?

[CMSC]

What is the name of your state? divorce filed in Kentucky


My ex and I were married for 6 years and he filed for divorce in March of this year. He basically left me broke with 3 kids (not biologically his) and no place to go. He told me if I signed the basic divorce agreement he printed off the internet he'd help me move back home, get a place to live and pay my bills until I could get on my feet. Nice guy right?

I signed the papers, I didn't read them (yes clearly MY fault) and after I moved home to Nebraska I asked him for a copy and he refused...I finally got a copy from the courthouse and read them. They were not fair at all, basically assigning ALL marital debt to me and he makes well over what I do a year..yea big surprise. Anyway, I tried to get an attorney but couldn't afford one and legal aide stated there was no history of physical abuse so they would not help.


I found an organization here in Nebraska that offered to type up the papers to contest what he filed. It worked and we hammered away at an agreement, I finally gave in to what he wanted and wish I hadn't. He offered me some money to sign the paperwork, I had been layed off from work and desperately needed the money to keep my head above water.

I signed the papers and sent them back. I'm kicking myself for it. I never got a notice of a hearing or anything and the other day he emailed me to say "Congratulations you are now single"...huh?

I called the courthouse and they said sure enough the divorce was final, the hearing was Aug. 20th. I let the courthouse know I never got notice and they spoke to the judge, who in turned called my ex's attorney and ripped her a new one. They are sending me a copy of the paperwork and after she read it to me over the phone several things are inaccurate and NOT what I signed off on. The courthouse said since the divorce is final I can't contest it.

Is this true? He even filed in the wrong county and the courthouse clerks are the one's who told me this.

I can't afford to pay off our vehicle and credit cards, plus all the bills from our previous home but she says this is what I agreed to!! He 6 figures a year while I make a measley $20k and am trying to go back to school.

 

[TinkerBelleLuvr]

Did you make copies of the paperwork YOU signed before sending them back?

 

[Zigner]

He basically left me broke with 3 kids (not biologically his) and no place to go.

So, he basically left you in the same position as when he found you?

I am sorry, but I don't have sympathy for someone who signs an agreement, then complains after receiving the benefit of said agreement.

 

[Ummonx]

Why are you under the belief that your ex should pay your debt?

Do you have the car? Then you gotta pay for it.

 

[LdiJ]

What is the name of your state? divorce filed in Kentucky


My ex and I were married for 6 years and he filed for divorce in March of this year. He basically left me broke with 3 kids (not biologically his) and no place to go. He told me if I signed the basic divorce agreement he printed off the internet he'd help me move back home, get a place to live and pay my bills until I could get on my feet. Nice guy right?

I signed the papers, I didn't read them (yes clearly MY fault) and after I moved home to Nebraska I asked him for a copy and he refused...I finally got a copy from the courthouse and read them. They were not fair at all, basically assigning ALL marital debt to me and he makes well over what I do a year..yea big surprise. Anyway, I tried to get an attorney but couldn't afford one and legal aide stated there was no history of physical abuse so they would not help.

I found an organization here in Nebraska that offered to type up the papers to contest what he filed. It worked and we hammered away at an agreement, I finally gave in to what he wanted and wish I hadn't. He offered me some money to sign the paperwork, I had been layed off from work and desperately needed the money to keep my head above water.

I signed the papers and sent them back. I'm kicking myself for it. I never got a notice of a hearing or anything and the other day he emailed me to say "Congratulations you are now single"...huh?

I called the courthouse and they said sure enough the divorce was final, the hearing was Aug. 20th. I let the courthouse know I never got notice and they spoke to the judge, who in turned called my ex's attorney and ripped her a new one. They are sending me a copy of the paperwork and after she read it to me over the phone several things are inaccurate and NOT what I signed off on. The courthouse said since the divorce is final I can't contest it.

Is this true? He even filed in the wrong county and the courthouse clerks are the one's who told me this.

I can't afford to pay off our vehicle and credit cards, plus all the bills from our previous home but she says this is what I agreed to!! He 6 figures a year while I make a measley $20k and am trying to go back to school.

Normally I would not recommend something like this, but I think that your ex deserves it. If he had played fair and asked that 1/2 of the marital debt be assigned to you, I would feel differently about it.

If you file for bankruptcy on all of the marital debt AND name him as a creditor in the bankruptcy filing, that will shift all of the debt on to him....because the creditors are not parties to the divorce, they are bound only by the credit agreements.

 

[LdiJ]

So, he basically left you in the same position as when he found you?

I am sorry, but I don't have sympathy for someone who signs an agreement, then complains after receiving the benefit of said agreement.

No, he also left her with all of their marital debt.

 

[Ohiogal]

No, he also left her with all of their marital debt.

But she received the benefit of the agreement SHE voluntarily signed. It doesn't matter that it was a negative benefit.

 

[TinkerBelleLuvr]

The reason I asked if she made a COPY of the paperwork she signed - because if the inside pages don't match .... Seems that I had to initial each page of our documents .

 

[CMSC]

Why are you under the belief that your ex should pay your debt?

Do you have the car? Then you gotta pay for it.

The credit card debt is not all mine, so no I don't believe I should pay for the entire thing.

We each took a vehicle, he told me since his was paid off he'd cover the payments on the other vehicle and "let" me take it. He not only refuses to make the payments now but wants to sell the vehicle since it's in his name.

 

[CMSC]

So, he basically left you in the same position as when he found you?

I am sorry, but I don't have sympathy for someone who signs an agreement, then complains after receiving the benefit of said agreement.

No, I was in a better position before marrying him and would be in an even better position had I not married him. I was debt free then.

I didn't ask for your sympathy.

 

[CMSC]

The reason I asked if she made a COPY of the paperwork she signed - because if the inside pages don't match .... Seems that I had to initial each page of our documents .

I do have all documents. I didn't have to initial anything, just have the signature page notarized.

I just got off the phone with the clerks office in Kentucky, she said at the final hearing there was an inquest into income and mine was all filled out. My ex has NO clue where I am working or how much I'm making. She said the judge would take the agreement we had and if it wasn't considered fair in his eyes based on income he would deviate from it.

I know most think "yea good for him you agreed to it pay it all" but I'm not the only one who attributed to the debt and had I not needed the money he offered to pay OUR credit card bill he put in MY name (he had his name taken off) so I could still support my children, then I would not have signed the paperwork.

 

[CMSC]

Normally I would not recommend something like this, but I think that your ex deserves it. If he had played fair and asked that 1/2 of the marital debt be assigned to you, I would feel differently about it.

If you file for bankruptcy on all of the marital debt AND name him as a creditor in the bankruptcy filing, that will shift all of the debt on to him....because the creditors are not parties to the divorce, they are bound only by the credit agreements.

I'm going to have to look into bankruptcy, thank you. I would not be complaining had it been done right and he'd assigned it 50/50.

 

[CMSC]

Ok, so I got a copy of the paperwork today finally. It says there is a seperation agreement but the clerks couldn't find one to send me. Also the acts Facts of Finding document is completely incorrect as to my income, where I live, how many times I've been married, how many children etc.

So if the judge signed off on the dissolution of marriage, is this it? Does it matter that he lied about everything?

 

[Ohiogal]

Ok, so I got a copy of the paperwork today finally. It says there is a seperation agreement but the clerks couldn't find one to send me. Also the acts Facts of Finding document is completely incorrect as to my income, where I live, how many times I've been married, how many children etc.

So if the judge signed off on the dissolution of marriage, is this it? Does it matter that he lied about everything?

You can't dispute the findings of fact. The time to do that was DURING the hearing. Which apparnetly you did NOT find important enough to attend. Hence you are pretty much stuck if you were properly served.

 

[CMSC]

You can't dispute the findings of fact. The time to do that was DURING the hearing. Which apparnetly you did NOT find important enough to attend. Hence you are pretty much stuck if you were properly served.

Actually if you had read my original post, I clearly stated I wasn't notified of the hearing nor was I served with any such notice. My ex's response to the finding of facts is "the judge told me to put down whatever I knew about you"...but he lied on HIS finding of facts as well.

Anyway, thanks for your help.