can ex-wife change divorce decree one year later?

[mistoffolees]

It is NOT what the judge approved in the hearing. I would say she's got a decent shot at it being overturned. Talk to your attorney.

Agreed - especially since it's a property settlement which should not end on remarriage.

 

[Bali Hai]

If the roles were reversed, I'd be willing to bet the farm that if you had signed the agreement and wanted it changed a year later for the same reasons, the lawyer would be talking out the other side of his mouth.

I don't know who pulled this post earlier, but M apparently is alot smarter than that individual.

I love you M!

 

[fred22#]

HOW DO I know if uts part of the property settlement? I said it was part of the settlement only because it doesnt say in my papers anything about alimony...sorry

 

[Ohiogal]

HOW DO I know if uts part of the property settlement? I said it was part of the settlement only because it doesnt say in my papers anything about alimony...sorry

If it were alimony it would have been spelled out SPECIFICALLY as alimony. Your attorney screwed up and you went along with it. The Rule 11 agreement is what is going to sink you unless it states it ends upon remarriage.

 

[mistoffolees]

HOW DO I know if uts part of the property settlement? I said it was part of the settlement only because it doesnt say in my papers anything about alimony...sorry

If it does not specifically state alimony (or spousal support), I hope you're not trying to deduct it on your taxes.

 

[fred22#]

yes, I went along with it because i'm not a lawyer. I didnt know that you're notsupposed to change or add anything until now. Ihad noproblems paying it..thats why I agreed to it. So, i'm being sued for this mess-up ..shouldnt she be suing my ex lawyer? or soes she sue me, then i sue him for his mistake? he should have known this. Also, if it doesnt state ALIMONY on my decree, does that automatically make it part of the property settlement? Thank you everyone, i'm learning alot (and no I never claimed any of my payments onmy taxes)

 

[Ohiogal]

yes, I went along with it because i'm not a lawyer. I didnt know that you're notsupposed to change or add anything until now. Ihad noproblems paying it..thats why I agreed to it. So, i'm being sued for this mess-up ..shouldnt she be suing my ex lawyer? or soes she sue me, then i sue him for his mistake? he should have known this. Also, if it doesnt state ALIMONY on my decree, does that automatically make it part of the property settlement? Thank you everyone, i'm learning alot (and no I never claimed any of my payments onmy taxes)

Its a property settlement because alimony would be spelled out as such. You are sued because you are responsible for the actions of your attorney. Sue your attorney if you need to do so. But make sure you also don't use your old attorney on this case.

But you only agreed to pay it until she got married. That is what YOUR lawyer slipped in.

 

[fred22#]

so, does that mean that since I am responsible for my attorneys actions, I would not be able to sue him because I should have known??

 

[Zigner]

so, does that mean that since I am responsible for my attorneys actions, I would not be able to sue him because I should have known??

If you lose the action against you, then you may have a case for malpractice against the original attorney. However, if your wife attempts to change the decree and is NOT successful, then you have nothing to sue the original attorney for.

 

[fred22#]

right, I understand that--thank you

 

[fred22#]

quick question--The lawyer that I called that told me hewould not take my case also told me i should go back to my old lawyerand have him fix it because he's the one who got me into this mess**************i called my old lawyer to explain the situation to him, he said he knows the ex's lawyer and would go talk to him to see if we could make a deal, but that was going to cost me 1500. up front! should i use the old lawyer who knows about my case but is the one who screwed it up? or go with a new lawyer to defend me? thank you

 

[mistoffolees]

quick question--The lawyer that I called that told me hewould not take my case also told me i should go back to my old lawyerand have him fix it because he's the one who got me into this mess**************i called my old lawyer to explain the situation to him, he said he knows the ex's lawyer and would go talk to him to see if we could make a deal, but that was going to cost me 1500. up front! should i use the old lawyer who knows about my case but is the one who screwed it up? or go with a new lawyer to defend me? thank you

Personally, I would tell the old lawyer that I expect him to fix his mistake at no charge. He might tell you to get lost, but if so, he might not be the person you want to be working with, anyway.

 

[fred22#]

ok..does anyone know a very very good lawyer that could help me in the Killeen/FortHood area??

 

[Proserpina]

ok..does anyone know a very very good lawyer that could help me in the Killeen/FortHood area??

No, we're not a referral service, sorry.

 

[tuffbrk]

ok..does anyone know a very very good lawyer that could help me in the Killeen/FortHood area??

You might try clicking on the "Find a family attorney" link found at the bottom of each response. Good luck!