Looking for answers/moral support/advice about divorce & BK
I am in the process of divorcing my ex and he is making things difficult for me. He moved out May 2007 and signed the initial Petition to file for divorce without hesitation. In my state, it is necessary to live separate and apart for 6 mos. before filing the final paperwork. I truly spent the better part of 2 years trying to make my marriage work and at times felt like there was nothing to live for, and one day I woke up, so here we are. Since we parted in a friendly manner where I allowed him to take whatever he thought was his, I didn't think we would have any problems with finalizing everything since I have a prenup. agreement which states that everything that I acquired during the marriage including debt is mine and whatever he acquires is his. It is very straight forward, 2 pages nothing tricky or sneaky. Since it is obvious that he helped accumulate the debt, even though the business was in my name, I take full responsibility for everything which is why I'm filing BK.
When it was time for him to sign the final paperwork at the end of January, he all of the sudden had a lawyer call my lawyer to ask about community property issues and he never signed. We didn't have him served since he voluntarily called my lawyer asking for the paperwork to be sent to him so he could review/sign it. Since he didn't sign, I had to send my atty more money so that we could have him served which gives him 30 days to officially answer the petition or lose by default.
The conversations from his atty to mine seemed like fishing for information that he might be considering to use to get money or whatever he feels he's entitled to get. Best case scenario is that he wont sign and I will get the divorce without spending more money I don't have (The final divorce paperwork is only 2 pages long - it references the fact that there is no community property since the prenup agreement exists and to be able to go back to using my maiden name - no tricks, nothing sneaky.)
My main concern is that he feels that he is owed for something like interest in my home (in my name only, bought before we were married) because he paid a few mortgage payments and monthly bills while I started the business. In all honesty, if that's it, I would agree to paying him 1/2 of whatever he feels he is owed if it was a reasonable amount, but with over $200k in debt from this failed business, I can't believe the audacity of this man. He probably has the balls to try something underhanded and I don't trust him at all.
I am very anxious to get this over with and heard from various other sites that this could drag on for a very long time. Since my lawyer charges me every time she even looks in the direction of my file, I try not to call her too much since she's not cheap and she rarely calls back in a timely manner anyway. I really want this to be over very soon because I'm afraid that I will receive a summons any day now because I owe so much to so many. It's important to finalize the divorce first because if I can be done with this, I can move on and have one less stressful thing in my life.
Does anyone have first hand experience with an ex that intentionally held the divorce up just to be spiteful? If he decides to respond within the 30 days and the battle is on, is it possible to ask my lawyer to request a trial date and take my chances with a judge in court to speed things up. Since I have a prenup I feel that if I owe anything I'd feel better if a judge tells me that. I also don't want to spend another year battling him when I could be focusing on my BK case.
It's a pretty complicated case, but I have very little family or close friends to talk to and I'm not very close to either. This feels like the only place where I can get support and advice and I could really use a both right now. Any advice is appreciated because I am at a very low point just contemplating what other misery this man could cause in my life. Thanks for all of your help and any advice is appreciated.
When it was time for him to sign the final paperwork at the end of January, he all of the sudden had a lawyer call my lawyer to ask about community property issues and he never signed. We didn't have him served since he voluntarily called my lawyer asking for the paperwork to be sent to him so he could review/sign it. Since he didn't sign, I had to send my atty more money so that we could have him served which gives him 30 days to officially answer the petition or lose by default.
The conversations from his atty to mine seemed like fishing for information that he might be considering to use to get money or whatever he feels he's entitled to get. Best case scenario is that he wont sign and I will get the divorce without spending more money I don't have (The final divorce paperwork is only 2 pages long - it references the fact that there is no community property since the prenup agreement exists and to be able to go back to using my maiden name - no tricks, nothing sneaky.)
My main concern is that he feels that he is owed for something like interest in my home (in my name only, bought before we were married) because he paid a few mortgage payments and monthly bills while I started the business. In all honesty, if that's it, I would agree to paying him 1/2 of whatever he feels he is owed if it was a reasonable amount, but with over $200k in debt from this failed business, I can't believe the audacity of this man. He probably has the balls to try something underhanded and I don't trust him at all.
I am very anxious to get this over with and heard from various other sites that this could drag on for a very long time. Since my lawyer charges me every time she even looks in the direction of my file, I try not to call her too much since she's not cheap and she rarely calls back in a timely manner anyway. I really want this to be over very soon because I'm afraid that I will receive a summons any day now because I owe so much to so many. It's important to finalize the divorce first because if I can be done with this, I can move on and have one less stressful thing in my life.
Does anyone have first hand experience with an ex that intentionally held the divorce up just to be spiteful? If he decides to respond within the 30 days and the battle is on, is it possible to ask my lawyer to request a trial date and take my chances with a judge in court to speed things up. Since I have a prenup I feel that if I owe anything I'd feel better if a judge tells me that. I also don't want to spend another year battling him when I could be focusing on my BK case.
It's a pretty complicated case, but I have very little family or close friends to talk to and I'm not very close to either. This feels like the only place where I can get support and advice and I could really use a both right now. Any advice is appreciated because I am at a very low point just contemplating what other misery this man could cause in my life. Thanks for all of your help and any advice is appreciated.
12/04/07 -case pulled for random audit.
12/18/07 -341 held: Asset case due to engagement ring & tax return.
02/19/08 - US trustee files motion to extend.
04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!
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