is it possible to...

What is the name of your state? fl-tx
my fiance works in texas, but has a "divorce" court date in fl this month. the question we are asking, is that since he has had to take vacation, borrow against 401k to travel, can he take the ex to small claims(along with a loan he was required to take out-by the navy-for a car repair of HERS), and get any of this money back? his vacay is not paid, as he has not been there a year...he is w/an employer whose retirement plan says if you borrow during the first X amt of years, you cannot put money back in for X amt of time...plus, along with the 401k withdraw, he's having to use money he is borrowing from friends to get down there...are these things(along with court costs that apparently have to be shared), that he can take her to small claims and get back?

***before you ask, the divorce is fraudulent, and we've proven this to the court, however since her case is still open, they both still have to appear anyways, as there is a child involved...

what in the world is a fraudulent divorce?

haha, sorry

they were divorced in 2006 in california...but since she moved 3 times during the 6 month period, she never got her papers...well her final ones...so when she went to the state to ask for cc/cs, they told her that if she did not have final papers, they couldnt set it up b/c there was an open case elsewhere.....so she refiled.....rather than pay $10 to have the finalized ones sent to her.....

so since they were already divorced, and she filed a new divorce after the original was WAAY DONE, she has lied on all paperwork.....i have all of it posted under divorce/annullment if it will help anyone to answer this question.....

Why doesn't your fiance pay the $10 to get copies of the finalized divorce and provide them as a defense to the current action? The papers supplied to both parties are exactly the same.

racer

oh we have all of his papers. she didnt have hers...i've made copies of his papers, along with the copies of both times she was served(once by her local sherriff), and a letter stating that he requested the divorce be reversed. the letter also states that he is respectfully refusing to sign any papers pertaining to her getting a divorce there, as they are already divorced elsewhere...and have been for over a year...