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Revisit Divorce

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rlkaveritt

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

My husband and my two son's were to move from Arizona to Calif. for my husband's new job. My son's and I stayed in Az to pack and finish up school. At this time I discovered my son's were deep in heroin addiction, my husband came and got his personal effects from the house, leaving me with the terrors of my kids addictions, he had taken complete control of all monies, including 401. He wanted a divorce, started sending me divorce papers he had drawn up asking me to sign them. I refused, asking him for financial information, he refused. I did not have a job, was in very poor health, and had to take responsibility for my son's . From 2002 until 2006 my husband had already moved in with another women, but continued to send me money for support, as long as I signed tax returns. I fought my sons the entire time and as it turned out had kidney cancer, my husband never once came to help me with the boy's much less visited them. He thrived in his job, traveled to nice vacations and had a good life. Sent me the papers to sign 3 times, I was given just enough money to live and support my sons. I finally told him I needed to get a job (was still sick) to hire an attorney. I was served divorce papers and sue for divorce in Calif., I had no way to battle this, the out come I am to get $2,000.00 a month until he retires at 65 (he is 52), there was no mention of paying the outstanding bills in my name, nor the mention of the 401 that has grown a great deal since 2002, and during that time he inherited a large amount of money. He does send me the money, but it is understood it would be in my best interest to help him establish a relationship with his sons. Him and this women he married put me through the most horrible emotional and mental abuse, added to the already nightmare I was having with my sons. I have since had my kidney removed, finally gotten a job, but not before my credit has been ruined, my car out of comission. I am struggling to pay off the debts, pay my medical bills, and now I have to pay tax on the support since 2006, I make $10.00 an hour. My husband makes about $250,00. yr & bounses. Finally my question, can I reopen the divorce and ask for the division of the money assets at the time of the divorce and still collect alimony? I have no savings and am living paycheck to paycheck. I am afraid of what the Irs will do because I cannot pay them right now. And can I collect part of his SS at the time of retirement? Also, I am seeing divorce form this woman in the future and am sure she will take him for whatever she can get, will that effect me ? I so would appreciate any help you could give, I have lived with this stress and still dealing with the cancer. Married 23 years. Thank You Reba Averitt PS my kids are clean and sober.
 


mistoffolees

Senior Member
Is the divorce final - that is, has the judge issued final orders? If it is, you're going to have a hard time reopening it. There are only a few situations where you might have a chance - such as if you were never served with papers before the final hearing or if you can demonstrate fraud on his part (but even then, there's a limited amount of time to file).

If it's not final (he can send you all the papers he wants and it doesn't mean a thing until a judge signs it), then you will have an opportunity to change it. Clearly, you should be able to get a lot more than what he offered you.

In either case, you need to discuss it with an attorney. Particularly if there's no final decree from the court, get an attorney immediately. The attorney can petition the court to be paid from marital assets or have the husband pay.

Finally, since you were married 23 years, you should be eligible to collect SSI based on his income. Probably disability, too, if you are unable to work. Contact your SSI office.
 

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