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  1. #1
    jewell is offline Junior Member
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    contesting a divorce in North Carolina

    What is the name of your state (only U.S. law)?I live in North Carolina I received my divorce papers Friday. My husband and I separated one year ago he gave me a settlement and I sighned the separation papers. Since this time I have learned he had lots of assets hidden. I left him because of mental abuse. I would have done anything to get away, when he offered money I took it and sighned he kept the house we built togeather and most of the assests. I want to contest this divorce I deserve more. I was use to living a certain way. Now I work two jobs to make ends meet while he still lives great in our home with his new girlfriend. Do I have the right to contest? What do I write on the divorce papers?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by jewell View Post
    What is the name of your state (only U.S. law)?I live in North Carolina I received my divorce papers Friday. My husband and I separated one year ago he gave me a settlement and I sighned the separation papers. Since this time I have learned he had lots of assets hidden. I left him because of mental abuse. I would have done anything to get away, when he offered money I took it and sighned he kept the house we built togeather and most of the assests. I want to contest this divorce I deserve more. I was use to living a certain way. Now I work two jobs to make ends meet while he still lives great in our home with his new girlfriend. Do I have the right to contest? What do I write on the divorce papers?
    If he honestly hid marital assets then you would have a chance at prevailing, however its not something that you should attempt without an attorney.
  3. #3
    mistoffolees is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    If he honestly hid marital assets then you would have a chance at prevailing, however its not something that you should attempt without an attorney.
    Just as important, in NC, the judge can vary from 50:50 distribution if they feel that an equal split isn't fair. If she can show that he really did hide assets and is committing adultery in the marital home, it is likely to be convincing enough to make the judge ensure that she gets every penny of her half - and possibly more.
  4. #4
    Ohiogal is offline Senior Member
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    I will disagree due to the fact that she signed a separation agreement. Just because she made a bad deal, doesn't mean she will get more.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine 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.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    I will disagree due to the fact that she signed a separation agreement. Just because she made a bad deal, doesn't mean she will get more.
    That is probably right - if it was a court-sanctioned separation agreement.

    If, OTOH, it was simply something the two people cooked up between themselves without getting judicial approval, the judge could overturn it. It wasn't clear whether it was a legal agreement.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    That is probably right - if it was a court-sanctioned separation agreement.

    If, OTOH, it was simply something the two people cooked up between themselves without getting judicial approval, the judge could overturn it. It wasn't clear whether it was a legal agreement.
    True. And even if he had hidden assets, that doesn't mean it would overturn the separation agreement> The court just may split that which was hidden.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine 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.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    jewell is offline Junior Member
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    The agreement we had was drawn up by his lawyer and notorised. It did not go through a judge, does that make a diffrence. I am going to contest the divorce can anyone help me with what I should write on the divorce papers?
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by jewell View Post
    The agreement we had was drawn up by his lawyer and notorised. It did not go through a judge, does that make a diffrence. I am going to contest the divorce can anyone help me with what I should write on the divorce papers?
    It was not then sent to the court?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine 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.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    mistoffolees is offline Senior Member
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    Quote Originally Posted by jewell View Post
    The agreement we had was drawn up by his lawyer and notorised. It did not go through a judge, does that make a diffrence. I am going to contest the divorce can anyone help me with what I should write on the divorce papers?
    Did you have an attorney?

    If you did not have an attorney and it was not approved by the judge, the prenup can probably be contested - particularly if he has been hiding assets (no guarantee that you'll win, but there is probably grounds for attempting to invalidate it.. I would not, however, recommend doing this as a DIY. You really need an attorney. If the hidden assets are significant, perhaps your attorney will work on the basis of being paid from marital assets.
  10. #10
    jewell is offline Junior Member
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    Nothing has ever been done through the court he had his Lawyer write a paper saying I would separate and move from him for $30,000. Our house we built together is worth $300,000 and paid for that him and his girlfriend now occupy. I still do not know the exact amount of stocks and bonds he hid from me. I am going to try to find an attorney that will defer payment until I can pay. I was hoping someone on here had been through this because I have to write that I am contesting our Divorce and why on the divorce papers I received. I want to make sure I write the right thing on the papers I have to send back so I can take him to court and see if I can get my half subtracting the $30,000 of course.
  11. #11
    mistoffolees is offline Senior Member
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    Quote Originally Posted by jewell View Post
    Nothing has ever been done through the court he had his Lawyer write a paper saying I would separate and move from him for $30,000. Our house we built together is worth $300,000 and paid for that him and his girlfriend now occupy. I still do not know the exact amount of stocks and bonds he hid from me. I am going to try to find an attorney that will defer payment until I can pay. I was hoping someone on here had been through this because I have to write that I am contesting our Divorce and why on the divorce papers I received. I want to make sure I write the right thing on the papers I have to send back so I can take him to court and see if I can get my half subtracting the $30,000 of course.
    I would call some more attorneys. They should be able to petition the judge to be paid from marital assets and/or have your stbx pay their fees.
  12. #12
    nextwife is offline Senior Member
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    Quote Originally Posted by jewell View Post
    What is the name of your state (only U.S. law)?I live in North Carolina I received my divorce papers Friday. My husband and I separated one year ago he gave me a settlement and I sighned the separation papers. Since this time I have learned he had lots of assets hidden. I left him because of mental abuse. I would have done anything to get away, when he offered money I took it and sighned he kept the house we built togeather and most of the assests. I want to contest this divorce I deserve more. I was use to living a certain way. Now I work two jobs to make ends meet while he still lives great in our home with his new girlfriend. Do I have the right to contest? What do I write on the divorce papers?
    Were the assets MARITAL assets? Did he have premarital assets which he brought to the marriage? If the hidden away assets were not acquired DURING the marriage, they'd be irrelevant.

    How long was the marriage before you left?

    Maybe he's living well because he developed a good, sustainable career of his ow - something you also could have done for yourself before hooking up with him. Your standard of living should not be dependent on him, just as his standard of living should not depend on you. It's not 1950, after all.
    Last edited by nextwife; 11-10-2008 at 08:49 PM.
  13. #13
    jewell is offline Junior Member
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    The assets were Marital. We were together seven years. He would not allow me to work. He was very jealous. I could only speak to who he said I could and go where he said I could go or he would put me through terrible mental abuse. He does make six figure income. I am trying to better myself thank you. I am working two jobs and I will start school next semeter to finish my degree now that I am free to do what I want
  14. #14
    IrishLady47 is offline Member
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    Quote Originally Posted by jewell View Post
    I was use to living a certain way.
    Yes, this is how you said you were living:

    Quote Originally Posted by jewell View Post
    I left him because of mental abuse... He was very jealous. I could only speak to who he said I could and go where he said I could go or he would put me through terrible mental abuse.
    Legally, you can contest this, engage in a long legal battle with someone who "mentally abused" you, and, maybe, MAYBE, end up with a little more money if your X did hide some marital assets (most will go to the lawyer).

    Or, you can continue to live your life as you choose, striving to make it better.
  15. #15
    jewell is offline Junior Member
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    Can anyone on here tell me how I should word my contesting of the divorce on the divorce papers? I am going to try to contest this myself until I find an attorney.

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