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Rnagap

Guest
What is the name of your state? Ohio
Well what my situation is, is this. My ex-wife and I got divorced in 1999 in the state of texas. We were told that what ever agreement we have, verbal or written, trumps the court's decision pertaining to our divorce. now after we divorced we began dating each other and living together again. We were lining together up until september of this year. Our verbal agreement was that the divorce decree, as far as we were concerned, was no longer in affect. I mean none of it. We split the bills and responsibilities down the middle. we were kind of like married all over again without the marriage license. Now we are seperated again and don't know what the normal procedure for my situation would be. I would like to know whether or not we go back to a divorce decree that we both agreed would be nnull and void or do I have to go by what the old decree said. I need to know because I took our verbal agreement so seriously that I burned my divorce decree. Can someone please help me with this situation?
 


VeronicaGia

Senior Member
No verbal agreement or written agreement, even if notarized, can trump a court order. You will have to get a copy of your divorce decree and start following it.

Also, if you were court ordered to pay support, she can ask that the court enforce the order, including any arrearages that accrued while you and she lived together. However, if you can prove you were living together, the court MAY take that into consideration, but I wouldn't count on it.
 

I AM ALWAYS LIABLE

Senior Member
Rnagap said:
What is the name of your state? Ohio
Well what my situation is, is this. My ex-wife and I got divorced in 1999 in the state of texas. We were told that what ever agreement we have, verbal or written, trumps the court's decision pertaining to our divorce. now after we divorced we began dating each other and living together again. We were lining together up until september of this year. Our verbal agreement was that the divorce decree, as far as we were concerned, was no longer in affect. I mean none of it. We split the bills and responsibilities down the middle. we were kind of like married all over again without the marriage license. Now we are seperated again and don't know what the normal procedure for my situation would be. I would like to know whether or not we go back to a divorce decree that we both agreed would be nnull and void or do I have to go by what the old decree said. I need to know because I took our verbal agreement so seriously that I burned my divorce decree. Can someone please help me with this situation?

My response:

First, you've got it backwards. It's the court's orders and decree that "trumps" YOUR verbal or written private agreements. The court doesn't care, nor does it keep "tabs" on what people decide after a divorce; i.e., the court couldn't care less that you moved back in with your wife. As far as the court is concerned, you are divorced and your court orders are STILL in effect.

So, nothing you have done has nullified anything, and you don't need another "divorce". So, you both need to abide by the current court orders - - you know, the one you received in 1999. That's because there have been no other orders since that time.

In summary, you are still divorced, and you're both still obligated to abide by the 1999 court orders. You can get a copy of your court orders, and the decree of divorce, from the court clerk at the courthouse where you were divorced.

Hey, it was a nice gesture, but meaningless.

IAAL
 

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