I'm in Korea, she's in the USA...

[HighTreason]

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

I live in Korea but am a US citizen. She lives in Colorado, USA. Colorado is where the marriage took place. There are no children involved. While I was here, she got a lawyer and filed a petition for dissolution. Her lawyer sent me a copy of it in PDF format through email. I can't afford a lawyer or anything so I hope you guys can help me with some questions.

1. In the petition, it says that they want the court to decide a) "status of the marriage," "division of property and debts," "spousal support," "attorney fees," and "any other necessary orders."

What can I expect in regard to these things? The only big property we own together is one house and one car. All of our personal things are pretty much uncontested as to who they belong to, I believe. Is it reasonable to expect that a court will make a fair decision here or should I be concerned? I can't imagine that any spousal support would be awarded considering she makes more money than I do, but correct me if I may be wrong. I don't have an attorney, and over my dead body will I pay any part of her attorney fees since she is the only one who wanted the divorce. How likely is it that a court might try to make me pay this? Also, what kind of "other necessary orders" might I expect?

2. Does the summons even count as served when he sent it to me as a PDF file through email? I did send an email back to let the lawyer know I got it which, in retrospect, was probably a dumb idea. What if I don't sign this summons and send it back to the States? Also, it says there is a $106 application filing fee if I send it back. What if I just sign it and send it to my wife and let her deliver it and pay the fee if she really wants it filed.

3. I obviously can't show up at court since I live on the other side of the world, and I also can't afford a lawyer, so am I just going to get completely screwed? Is there anything I can do to tone down the screwing?

Thanks for any help.

 

[mistoffolees]

3. I obviously can't show up at court since I live on the other side of the world, and I also can't afford a lawyer, so am I just going to get completely screwed? Is there anything I can do to tone down the screwing?

Yes. Get an attorney. Everyone says that they can't afford one, but most people find out that they can't afford NOT to have one.

 

[LdiJ]

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

I live in Korea but am a US citizen. She lives in Colorado, USA. Colorado is where the marriage took place. There are no children involved. While I was here, she got a lawyer and filed a petition for dissolution. Her lawyer sent me a copy of it in PDF format through email. I can't afford a lawyer or anything so I hope you guys can help me with some questions.

1. In the petition, it says that they want the court to decide a) "status of the marriage," "division of property and debts," "spousal support," "attorney fees," and "any other necessary orders."

What can I expect in regard to these things? The only big property we own together is one house and one car. All of our personal things are pretty much uncontested as to who they belong to, I believe. Is it reasonable to expect that a court will make a fair decision here or should I be concerned? I can't imagine that any spousal support would be awarded considering she makes more money than I do, but correct me if I may be wrong. I don't have an attorney, and over my dead body will I pay any part of her attorney fees since she is the only one who wanted the divorce. How likely is it that a court might try to make me pay this? Also, what kind of "other necessary orders" might I expect?

2. Does the summons even count as served when he sent it to me as a PDF file through email? I did send an email back to let the lawyer know I got it which, in retrospect, was probably a dumb idea. What if I don't sign this summons and send it back to the States? Also, it says there is a $106 application filing fee if I send it back. What if I just sign it and send it to my wife and let her deliver it and pay the fee if she really wants it filed.

3. I obviously can't show up at court since I live on the other side of the world, and I also can't afford a lawyer, so am I just going to get completely screwed? Is there anything I can do to tone down the screwing?

Thanks for any help.

Are you in Korea due to the military and will eventually be returning to the states to live?...or are you a permanent resident of Korea? If the latter, how much do you care about getting your share of the marital assets?

 

[HighTreason]

Are you in Korea due to the military and will eventually be returning to the states to live?...or are you a permanent resident of Korea? If the latter, how much do you care about getting your share of the marital assets?

Ah, yes, good point. Sorry I didn't mention it. I am teaching here. I initially came here for one year with the plan to return to my wife after that with her coming to live with me here during her school breaks. She came during December, and we bought a ticket for her to come for the three months during that summer, but she suddenly decided she wanted a divorce in February 2008, so she didn't come. Anyway, I saw no reason to come back after the year since I no longer had a home to come back to, I like my job here, and I was promoted to head teacher, so I stayed.

At this point, I don't know when or if I will move back to the States, and I really don't care if she gets the house and car. Actually, I want her to have them because that frees me of debt. What I'm concerned about here is me being awarded all the debt (namely the car we are upside down on) and her being awarded everything of value(namely the house). If she gets everything of value and the debt, that's fine with me. I am currently paying the car payments in full because she can't do it, and it's draining my money for something I can't even use. I paid all the house payments as well up until I moved to Korea and my salary dropped to less than a quarter of what it was in the States. Since I have been here, she has been paying the house payment.

Anyway, ideally, I would like her to take everything from our former life and leave me free to try to start my own. I just want to make sure I'm not saddled with debt from all this.

 

[LdiJ]

Ah, yes, good point. Sorry I didn't mention it. I am teaching here. I initially came here for one year with the plan to return to my wife after that with her coming to live with me here during her school breaks. She came during December, and we bought a ticket for her to come for the three months during that summer, but she suddenly decided she wanted a divorce in February 2008, so she didn't come. Anyway, I saw no reason to come back after the year since I no longer had a home to come back to, I like my job here, and I was promoted to head teacher, so I stayed.

At this point, I don't know when or if I will move back to the States, and I really don't care if she gets the house and car. Actually, I want her to have them because that frees me of debt. What I'm concerned about here is me being awarded all the debt (namely the car we are upside down on) and her being awarded everything of value(namely the house). If she gets everything of value and the debt, that's fine with me. I am currently paying the car payments in full because she can't do it, and it's draining my money for something I can't even use. I paid all the house payments as well up until I moved to Korea and my salary dropped to less than a quarter of what it was in the States. Since I have been here, she has been paying the house payment.

Anyway, ideally, I would like her to take everything from our former life and leave me free to try to start my own. I just want to make sure I'm not saddled with debt from all this.

Well then, you have to be represented in court or you have to be there for court, unless the two of you come to an agreement ahead of time. Even then, I would recommend that you be represented.

However, even if she is awarded all of the debt as well as the assets, that doesn't absolve your credit. The lenders are not a party to your divorce and are bound only by the original loan contracts. Since you know that she cannot pay for both the car and the mortgage how do you expect to be free of the debt?

 

[HighTreason]

Since you know that she cannot pay for both the car and the mortgage how do you expect to be free of the debt?

She has parents who will give her money like they always do. How do you think she got the lawyer?

If she at least believes she has to pay it herself, she'll just mooch off her parents and leave me alone.

 

[LdiJ]

She has parents who will give her money like they always do. How do you think she got the lawyer?

If she at least believes she has to pay it herself, she'll just mooch off her parents and leave me alone.

Well..if you aren't represented in court, or don't come to a written agreement with her ahead of time, you may not end up with things the way that you want them.