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branch1432

Junior Member
What is the name of your state (only U.S. law)? South Dakota

I need some advise please.

I will be going to my divorce hearing soon and need to know what to bring to present to the Judge. I have a Stipulation and Agreement drawn up, only my stbx will not sign it.

Is there another type of document that I need to present or do I bring the one I have and the Judge just uses that one?

We have no assets or children, only debts. Do I just bring a list of the debts and give them to the Judge?

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


Bali Hai

Senior Member
What is the name of your state (only U.S. law)? South Dakota

I need some advise please.

I will be going to my divorce hearing soon and need to know what to bring to present to the Judge. I have a Stipulation and Agreement drawn up, only my stbx will not sign it.

Is there another type of document that I need to present or do I bring the one I have and the Judge just uses that one?

We have no assets or children, only debts. Do I just bring a list of the debts and give them to the Judge?

Thanks.What is the name of your state (only U.S. law)?
You don't have a stipulation and agreement if your stbx won't sign it.
 

tuffbrk

Senior Member
What is the name of your state (only U.S. law)? South Dakota

I need some advise please.

I will be going to my divorce hearing soon and need to know what to bring to present to the Judge. I have a Stipulation and Agreement drawn up, only my stbx will not sign it.

Is there another type of document that I need to present or do I bring the one I have and the Judge just uses that one?

We have no assets or children, only debts. Do I just bring a list of the debts and give them to the Judge?

Thanks.What is the name of your state (only U.S. law)?
You don't have an attorney? Have you googled your state rules and laws? Done any research whatsoever? Why won't your STBX sign the agreement? Is he against one item or all items? Does your state require mediation? Do you have a complete financial form completed?
 
What is the name of your state (only U.S. law)? South Dakota

I need some advise please.

I will be going to my divorce hearing soon and need to know what to bring to present to the Judge. I have a Stipulation and Agreement drawn up, only my stbx will not sign it.

Is there another type of document that I need to present or do I bring the one I have and the Judge just uses that one?

We have no assets or children, only debts. Do I just bring a list of the debts and give them to the Judge?

Thanks.What is the name of your state (only U.S. law)?
Do you have financial disclosure statements for both parties. Splitting debt is equally as important as splitting assets. You should also have income and expense statements as well. It doesn't sound like you have any agreements...so you'll need as much evidence as possible for the judge to decide how to split the debt.
 

Silverplum

Senior Member
You don't have an attorney? Have you googled your state rules and laws? Done any research whatsoever? Why won't your STBX sign the agreement? Is he against one item or all items? Does your state require mediation? Do you have a complete financial form completed?
Betcha the "agreement" reads something like this:

Husband shall pay all debts and agrees to live in a cardboard box.
Wife shall take all assets and agrees to feel proud as punch of her achievement in getting every last penny.

:rolleyes:
 

tuffbrk

Senior Member
Betcha the "agreement" reads something like this:

Husband shall pay all debts and agrees to live in a cardboard box.
Wife shall take all assets and agrees to feel proud as punch of her achievement in getting every last penny.

:rolleyes:
You're probably right! Probably all those debts are his fault anyway! :D
 

branch1432

Junior Member
I had an attorney 9 months ago. He didn't do anything other then talk back and forth with stbx's attorney. Released him in May 08, Have had 3 status hearings with no advance movement on any kind of agreement. Judge has decided to set a Final Hearing soon.

Have done lot and lots of research online, only looks like not to much out there for a poor gal in the middle of SD.

Our state does not require mediation. We have no financials or agreements filled out. I am pretty sure that they would do me no good. Stbx has nothing.
Stbx would not fill them out anyway. He has quit his job and not claiming that he can't work.

We have $83k of debt. Of this, I will have to pay $75K of it. Stbx wants to pay the $8k in his name and walk away.

I just want to be sure that I have the correct information to bring to the Judge. I don't want to get to court and be missing a Petition or something that will delay this further.

A simple divorce has taken over 1 year already.
 

tuffbrk

Senior Member
I find it difficult to believe that there is no financial disclosure form required by your court. Something that shows what you earn, what your bills are, what assets you have, etc. Then typically you need to have the actual support documentation such as your bills, your paystub, your tax filing...Your attorney didn't have you fill one out?
 

LdiJ

Senior Member
I had an attorney 9 months ago. He didn't do anything other then talk back and forth with stbx's attorney. Released him in May 08, Have had 3 status hearings with no advance movement on any kind of agreement. Judge has decided to set a Final Hearing soon.

Have done lot and lots of research online, only looks like not to much out there for a poor gal in the middle of SD.

Our state does not require mediation. We have no financials or agreements filled out. I am pretty sure that they would do me no good. Stbx has nothing.
Stbx would not fill them out anyway. He has quit his job and not claiming that he can't work.

We have $83k of debt. Of this, I will have to pay $75K of it. Stbx wants to pay the $8k in his name and walk away.

I just want to be sure that I have the correct information to bring to the Judge. I don't want to get to court and be missing a Petition or something that will delay this further.

A simple divorce has taken over 1 year already.
What is the 83k worth of debt for? What kind of debt?
 

branch1432

Junior Member
Remember, we are in the middle of hicks town USA. (Obivously I am not from here)
No financial statements needed so far.

$60k of the debt is for loans from my parents (for us to buy the stupid trailer homes he had to have) that I have to repay reguardless of whether he pays or not. His attorney has already told him that he has to pay his 1/2 of this debt.

If you think I need too, I will prepare a financial statement to take with me to court.
 
Remember, we are in the middle of hicks town USA. (Obivously I am not from here)
No financial statements needed so far.

$60k of the debt is for loans from my parents (for us to buy the stupid trailer homes he had to have) that I have to repay reguardless of whether he pays or not. His attorney has already told him that he has to pay his 1/2 of this debt.

If you think I need too, I will prepare a financial statement to take with me to court.
Get some help asap...this is not chump change here and he should be responsible for his share of all marital debts. Even if he can't pay...get an order of judgement against him...and YES you need some sort of financial disclosure statements for BOTH of you....how else do you think the judge is going to rule on this...do you think they will just take your word for it???
 

branch1432

Junior Member
Based on the last reply, I guess I can assume that this will not be over for me at the next court hearing. How do I get financials from him? Do I serve somekind of paper to his attorney?
 

mistoffolees

Senior Member
Based on the last reply, I guess I can assume that this will not be over for me at the next court hearing. How do I get financials from him? Do I serve somekind of paper to his attorney?
You really need an attorney. If you have to ask that kind of question, you do not want to attempt it on your own.
 

branch1432

Junior Member
I have no money to pay for attorney fee's. I was hoping that someone here might give me some actual useful information. I guess I was wrong.

Thanks to all for your time.
 

mistoffolees

Senior Member
I have no money to pay for attorney fee's. I was hoping that someone here might give me some actual useful information. I guess I was wrong..
You've gotten useful advice. It's your choice as to whether you want to listen.

SOME People can handle SOME divorces by themselves. You don't fit into that category.

You can either get stuck with $83 K in debt (and get none of the assets) or you can get off your rear and go talk to attorneys to see if you can find one who will work out a payment schedule or who will petition the court to be paid from marital assets. It's your choice.
 

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