Decision on my Final Divorce Decree
Member
Thread Starter
Join Date: Sep 2015
Posts: 299
Decision on my Final Divorce Decree
Hi,
After what seems like forever!! I got the decision from the judge regarding our motions to clarify and my AH motions to reconsider.
The judge is keeping the decision she originally made regarding the marital residence. She is awarding me a sum of money. She stated my AH couldn't introduce new evidence. So that good. Doesn't matter what my AH does to our home, I still get the same amount of money. My question to my lawyer will be: Does he still have 6 months to refinance, even though his argument to the judge to reconsider was my AH wasn't going to be able to refinance. Or are we able to list the property now.
The other big issues was his IRA. Judge decided I was only entitled to half the growth for the 14 years we were together. My lawyer wanted half of the whole IRA. I'm not fighting it.
The judge gave him his gun collection, which he can't have till 2018, and the tractor. I'm ok with that stuff too!
The thing I was made st concerned about was the house, and that I'm very pleased about. It puts my mind at ease, since my AH is a very vengeful and unpredictable. He can do what he wants, but still has to pay me!!
All and all things are ok. I think things were done as fairly as they could be. In truth, no one knows what a spouse of an A has endured but the person themself.
And this time is one of letting go of many things, a relationship, a life, a house, and starting to build a new relationship with me, a new life, and creating a new home!
Zircon
After what seems like forever!! I got the decision from the judge regarding our motions to clarify and my AH motions to reconsider.
The judge is keeping the decision she originally made regarding the marital residence. She is awarding me a sum of money. She stated my AH couldn't introduce new evidence. So that good. Doesn't matter what my AH does to our home, I still get the same amount of money. My question to my lawyer will be: Does he still have 6 months to refinance, even though his argument to the judge to reconsider was my AH wasn't going to be able to refinance. Or are we able to list the property now.
The other big issues was his IRA. Judge decided I was only entitled to half the growth for the 14 years we were together. My lawyer wanted half of the whole IRA. I'm not fighting it.
The judge gave him his gun collection, which he can't have till 2018, and the tractor. I'm ok with that stuff too!
The thing I was made st concerned about was the house, and that I'm very pleased about. It puts my mind at ease, since my AH is a very vengeful and unpredictable. He can do what he wants, but still has to pay me!!
All and all things are ok. I think things were done as fairly as they could be. In truth, no one knows what a spouse of an A has endured but the person themself.
And this time is one of letting go of many things, a relationship, a life, a house, and starting to build a new relationship with me, a new life, and creating a new home!
Zircon
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Sounds to me like he doesn't get any more time, but didn't the judge originally give him six months? So I think that will probably stand, even though he's claiming now that he couldn't.
The lawyer should be able to clear that up.
Congrats!! Sounds to me like a very good outcome, even if you didn't get EVERYTHING you wanted. You will, as you noted, now be able to move on with your life.
The lawyer should be able to clear that up.
Congrats!! Sounds to me like a very good outcome, even if you didn't get EVERYTHING you wanted. You will, as you noted, now be able to move on with your life.
Member
Join Date: Nov 2014
Posts: 667
You will never get all you hoped for in these, but you will soon learn that the value of moving on and putting it behind you will help you forget the parts that you didn't like. The 6 month to refinance etc part, I hope won't be a new court round when he doesn't comply. When the clock runs out, he will have a multitude of reasons why its unjust, but facing not having a place to live can often lend itself to court proceedings just to drag things out or you give up in exasperation.
If he can't qualify for a mortgage then, or the house is upside down in the market, or or or or.............none of which I hope happens in 6 months.
I had to go through a court proceeding to get my SSN and name partitioned from my exes to preclude that dragging me down because we were jointly on accounts that she was made responsible for and didn't follow through with.
Namely taxes she didn't pay. They came after me. It was no fun.
You did good........now you get to do better.
If he can't qualify for a mortgage then, or the house is upside down in the market, or or or or.............none of which I hope happens in 6 months.
I had to go through a court proceeding to get my SSN and name partitioned from my exes to preclude that dragging me down because we were jointly on accounts that she was made responsible for and didn't follow through with.
Namely taxes she didn't pay. They came after me. It was no fun.
You did good........now you get to do better.
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
You know, it might be worth having your lawyer reach out to his and see whether he would now agree (given that he says he will be unable to refi) to simply putting the house on the market without further delay. He's got money tied up in the house, too, and the sooner he gets it out, the sooner he can put money down on a new place or spend it on booze or whatever.
Member
Thread Starter
Join Date: Sep 2015
Posts: 299
Hi,
I'm hoping that the house will be put up for sale now, rather than 6 months from now. I'm just very surprised, my AH has wanted the house all along. For the past almost 2years, there's been no mention that he wasnt going to refi the house somehow and pay me!!
I'm thinking my AH is waiting for his mom to pass, so he'll have the funds to buy me out!!
I just don't see him giving up this easily!
I know this is far from over, but at least I have the judicial system on my side.
I texted my lawyer, haven't heard back yet. Hopefully we can come up with an agreement to list the house.
My guess is my AH will drag this out as long as he can! Not sure though if his sister will continue paying the mortgage, knowing the judges decision.
I'm feeling very grateful that at least the court's decision has been made. Now it'll be challenging to get my AH to follow through in a timely manner!
Z
I'm hoping that the house will be put up for sale now, rather than 6 months from now. I'm just very surprised, my AH has wanted the house all along. For the past almost 2years, there's been no mention that he wasnt going to refi the house somehow and pay me!!
I'm thinking my AH is waiting for his mom to pass, so he'll have the funds to buy me out!!
I just don't see him giving up this easily!
I know this is far from over, but at least I have the judicial system on my side.
I texted my lawyer, haven't heard back yet. Hopefully we can come up with an agreement to list the house.
My guess is my AH will drag this out as long as he can! Not sure though if his sister will continue paying the mortgage, knowing the judges decision.
I'm feeling very grateful that at least the court's decision has been made. Now it'll be challenging to get my AH to follow through in a timely manner!
Z
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Well, if mom croaks in the next six months, giving him the money to buy you out, we'll know who the prime suspect is!
I'd expect a whole lot of foot-dragging on his part. None of the process will be simple. Just keep at it, and be careful of the tendency to get too shocked or outraged when he does. It WILL get done. If he's too obstructionist he's likely to get smacked by the court.
I'd expect a whole lot of foot-dragging on his part. None of the process will be simple. Just keep at it, and be careful of the tendency to get too shocked or outraged when he does. It WILL get done. If he's too obstructionist he's likely to get smacked by the court.
Currently Active Users Viewing this Thread: 1 (0 members and 1 guests)
