Invalid Divorce?

[blackviolets]

What is the name of your state? Washington

Issue: A friend of mine (who is computer illiterate) didn't make vary many good decisions when getting his divorce. His ex basically took him to the cleaners. Apparently, Lincoln County in Washington has a "mail-in filing" divorce. Due to $$ and poor decision making, they did this.

After he signed the papers, she wrote in changes and filed. Is this a valid divorce, or when he scrapes up enough money for a lawyer can he contest it? He is currently supporting the children AND having his wages garnished.

 

[Silverplum]

What is the name of your state? Washington

Issue: A friend of mine (who is computer illiterate) didn't make vary many good decisions when getting his divorce. His ex basically took him to the cleaners. Apparently, Lincoln County in Washington has a "mail-in filing" divorce. Due to $$ and poor decision making, they did this.

FYI: I've posted a comprehensive WA Family Law link several times. Do a search and you'll find it.

After he signed the papers, she wrote in changes and filed.

Doesn't he have a copy of what he signed?? Didn't they get it notarized or something??

Is this a valid divorce,

I don't know for sure, but I imagine it is.

or when he scrapes up enough money for a lawyer can he contest it?

He can motion to modify portions, if he has a basis to do so.

He is currently supporting the children

Good.

AND having his wages garnished.

What's the garnishment for?

 

[blackviolets]

What's the garnishment for?

Child support.

 

[Silverplum]

Child support.

That's fairly normal. What's the problem?

 

[blackviolets]

That's fairly normal. What's the problem?

The fact that she modified the papers to take all of his pension, vacation check, full custody, and garnishment of his wages for child support that doesn't go to the children (he provides for them out of what's left of his check). Next time I see him, I will ask about copies of the paper. From what I understand, the items they agreed upon are a print out & the stuff she added later are written in pen.

 

[Silverplum]

The fact that she modified the papers to take all of his pension, vacation check, full custody, and garnishment of his wages for child support that doesn't go to the children (he provides for them out of what's left of his check).

re: the bolded portion: What??? If he's garnished, aren't the wages going to CS? If not, where? And how does he know that? Further, if he's paying CS, why is he "providing for them" in other ways? Do they live with him and he pays CS? You need to be much clearer.

Next time I see him, I will ask about copies of the paper. From what I understand, the items they agreed upon are a print out & the stuff she added later are written in pen.

Why didn't he formally object when these signed/sealed papers came to his address from the court???

 

[seniorjudge]

re: the bolded portion: What??? If he's garnished, aren't the wages going to CS? If not, where? And how does he know that? Further, if he's paying CS, why is he "providing for them" in other ways? Do they live with him and he pays CS? You need to be much clearer.

Why didn't he formally object when these signed/sealed papers came to his address from the court???

And, tell us when all this stuff happened, beginning with when the lawsuit was filed.