divorce questions please help

[bluberrymuffin]

I live in Florida, and when my soon to be ex and I decided to get a divorce we started things out with an uncontested online divorce to keep things friendly. We discussed all the issues, we paid for the service out of our joint bank account, we both signed and had the forms notarized. Because things WERE friendly, when my ex offered to mail in the completed forms I didn't think much of it. He said that he had mailed them in and that all we were waiting on was a court date. In the meantime, he talked me into signing a quit-claim deed, because in the divorce papers I was going to sign the house over to him and he was going to take on all the debts in return. He never mailed them in, and instead, after I signed the quit-claim he went out and hired a lawyer and sued ME for divorce when I was the origional petitioner. Now he has the house, wants me to take half the debt, and wants custody of the kids and to have me pay HIM child support while he sits and collects unemployment. Do I have any recourse on the house after signing a quit claim- since he got me to sign it under fraudulent means? And he lied ALOT on his financial affidavit- saying he was paying for all these expences for the kids when he didn't even HAVE the kids- I did. The financial affidavit that he signed says "I, xxx, being sworn, certify that the following information is true" and it also says "I understand that I am swearingf or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or inprisionment"- so what can I do to catch him on this? I know he's lying, I have proof that he's lying, obviously there are penalties for lying- so how do I go about getting the courts to punish him? I'm a single mom with 2 kids, and he has refused any help, so I can't afford a lawyer. please help.

[Bali Hai]

Originally Posted by bluberrymuffin

I live in Florida, and when my soon to be ex and I decided to get a divorce we started things out with an uncontested online divorce to keep things friendly. We discussed all the issues, we paid for the service out of our joint bank account, we both signed and had the forms notarized. Because things WERE friendly, when my ex offered to mail in the completed forms I didn't think much of it. He said that he had mailed them in and that all we were waiting on was a court date. In the meantime, he talked me into signing a quit-claim deed, because in the divorce papers I was going to sign the house over to him and he was going to take on all the debts in return. He never mailed them in, and instead, after I signed the quit-claim he went out and hired a lawyer and sued ME for divorce when I was the origional petitioner. Now he has the house, wants me to take half the debt, and wants custody of the kids and to have me pay HIM child support while he sits and collects unemployment. Do I have any recourse on the house after signing a quit claim- since he got me to sign it under fraudulent means? And he lied ALOT on his financial affidavit- saying he was paying for all these expences for the kids when he didn't even HAVE the kids- I did. The financial affidavit that he signed says "I, xxx, being sworn, certify that the following information is true" and it also says "I understand that I am swearingf or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or inprisionment"- so what can I do to catch him on this? I know he's lying, I have proof that he's lying, obviously there are penalties for lying- so how do I go about getting the courts to punish him? I'm a single mom with 2 kids, and he has refused any help, so I can't afford a lawyer. please help.

See a lawyer. You have no choice.

Any witnesses to the "friendly uncontested online divorce papers"?

Did you keep a signed copy of those papers for your records?

Signing the quit claim deed was (as you know) VERY STUPID!!

Consult with an attorney and tell the circumstances. You could have used your equity in the house as a guarantee of payment, but you may have screwed yourself on that prospect.

[LdiJ]

Originally Posted by bluberrymuffin

I live in Florida, and when my soon to be ex and I decided to get a divorce we started things out with an uncontested online divorce to keep things friendly. We discussed all the issues, we paid for the service out of our joint bank account, we both signed and had the forms notarized. Because things WERE friendly, when my ex offered to mail in the completed forms I didn't think much of it. He said that he had mailed them in and that all we were waiting on was a court date. In the meantime, he talked me into signing a quit-claim deed, because in the divorce papers I was going to sign the house over to him and he was going to take on all the debts in return. He never mailed them in, and instead, after I signed the quit-claim he went out and hired a lawyer and sued ME for divorce when I was the origional petitioner. Now he has the house, wants me to take half the debt, and wants custody of the kids and to have me pay HIM child support while he sits and collects unemployment. Do I have any recourse on the house after signing a quit claim- since he got me to sign it under fraudulent means? And he lied ALOT on his financial affidavit- saying he was paying for all these expences for the kids when he didn't even HAVE the kids- I did. The financial affidavit that he signed says "I, xxx, being sworn, certify that the following information is true" and it also says "I understand that I am swearingf or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or inprisionment"- so what can I do to catch him on this? I know he's lying, I have proof that he's lying, obviously there are penalties for lying- so how do I go about getting the courts to punish him? I'm a single mom with 2 kids, and he has refused any help, so I can't afford a lawyer. please help.

You absolutely have to get an attorney. You cannot do this without one. Find a way to pay for one, somehow. Borrow the money from family if you have to.

[bluberrymuffin]

Originally Posted by Bali Hai

See a lawyer. You have no choice.

Any witnesses to the "friendly uncontested online divorce papers"?

Did you keep a signed copy of those papers for your records?

Signing the quit claim deed was (as you know) VERY STUPID!!

Consult with an attorney and tell the circumstances. You could have used your equity in the house as a guarantee of payment, but you may have screwed yourself on that prospect.

He filed for the divorce in saint johns county, even though he doesn't live there anymore and neither do I or the kids- and in that county they don't offer any legal assistance for family issues. I put in a motion to have the venue changed to duval county, where I and the children reside (I have been approved for legal aid in that county but they don't have the resources to travel to saint johns so they couldn't take the case) but his lawyer prompty got that overturned, and since the ex refuses to offer any support for the kids without a court order to do so, it was a choice of either feed my kids or hire a lawyer. Obviously my kids have full tummys and I am stuck doing this whole thing pro-se.

Yeah, I know it was dumb to sign the quit claim, but he was playing the "concerned friend" for months following the initial divorce papers, so I fell in hook line and sinker.

When we went to court on the change of venue thing, I saw the judge flip through our file, and some of what he had was the origional divorce papers. Also my next door neighbor witnessed the papers signed, but he took the origional copy and says he destroyed it. Could I sue him for fraud or breach of contract I wonder? SOmeone mentioned that I could file a lis peneas- or something like that- but I can't find any info on it.