The dust settled and the smoke cleared after your divorce. The final papers were signed nearly eight months ago and Sarah had really started to move forward, full-steam with her life post-divorce. In her and James’ settlement, they agreed that she would get the vacation home in South Carolina. And, as Sarah began to complete the paperwork to transfer the property to her name only, she discovers a massive debt incurred by James. That debt resulted in a lien against the property that she had no idea existed. Now what?
Sarah is understandably very upset and does not want to be responsible for this debt that she never know James racked up paying for gambling debts he put on her credit cards. And, because of the lien, if she tries to sell the property, the debt of nearly $150,000 will be paid to the credit card companies as part of the sale proceeds. She is at her wits end, but simply does not know what to do. Should she confront James? Does she need to go back to court? Is her divorce settlement even valid?
Both Sarah and James had attorneys in the divorce and she believed that she was protected. Her attorney was thorough and requested all information about the couples finances during the process. Her attorney even asked to depose James because of some uncertainty about his business income. At no time did James ever mention this gambling debt or that the credit card companies were coming after the vacation home. Sarah firmly believes that he hid this purposefully from her in an attempt to walk away from the responsibility of paying his gambling debts.
Sarah may have a good case to go back into her divorce and reopen the final judgment of divorce. It’s certainly not easy to go back to court and tell the judge that your divorce needs to be reexamined. But, if a fraud was committed by James lying not only to Sarah, but to the court, this may be exactly what happens. New Jersey court rule 4:50-1 allows courts to change a divorce settlement for a variety of reasons. Most relevant to Sarah and James are:
Just discovering new evidence: If you weren’t aware of information during your divorce and you just learned about it, such as Sarah learning of the lien, you can ask the court to reopen your divorce case and take into account this new information.
You’ve learned of fraud or other misconduct by your ex: If James did purposefully keep this information from Sarah and her attorney during the divorce, she could argue that her divorce needs to be reexamined by the court because this fraud made her act a certain way during the negotiations and settlement. It is without question that Sarah would not have accepted the vacation home with the debt and that fact would certainly have affected the outcome of their divorce. Perhaps James would have had to satisfy the debt. Or, Sarah may have accepted a different piece of property.
The case involved a mistake or excusable neglect: Let’s give James the benefit of the doubt. Perhaps he really did not recall the lien on the North Carolina property. Perhaps at the time of the divorce negotiations and settlement, the lien hadn’t attached, yet and he simply forgot this was a possibility. Maybe James told his attorney, but his attorney did not relay the information. Any of these scenarios is still a reason for a court to consider going back into the divorce and allowing the parties to rework their settlement.
Sometimes, reopening a divorce means that a divorce trial may have to happen. If the settlement as it is simply is not workable, the parties may come to an impasse. In that situation, the judge will have to hear both sides of the issue and make a decision regarding some or all of the issues of the divorce. If you can, attempt to again work out your issues. It will certainly save you time and money.
Above all, if you discover that you have been misled or tricked into a settlement agreement with your ex-spouse, talk to your divorce attorney immediately. Bring to them the newly discovered evidence and detail all that you have learned since the divorce. Your attorney will be able to guide you appropriately and will be able to represent you in a motion to reopen your divorce if it comes to that. Your attorney may also suggest asking for sanctions against your spouse, especially if her or she willfully misrepresented facts to you, your attorney and the judge.
If you have further questions about your divorce settlement or any other family law issue, contact us today to schedule your confidential consultation with one of our experienced and compassionate attorneys.
Non-Disclosure Agreements: Should Your Divorce Include An NDA?
A non-disclosure or non-disparagement agreement (NDA) is a set of agreed upon rules that spell out what each party to the agreement can and can’t say publicly about each other. This includes public criticism and the airing of certain private details.
It’s been common for decades in celebrity marriages for spouses to enter into a non-disclosure agreement (NDA) in the event of a divorce as a way to limit negative press coverage and preserve reputations.
In the social media age we now find ourselves in, however, an NDA may be a good idea for almost any divorcing couple. Read more
4 Lines To Never Let Your Spouse Cross in Divorce
How To Tell Your Narcissist Spouse That You Want A Divorce
Do you feel like you’re constantly tiptoeing over eggshells in your marriage to a narcissist? Then get ready for some seriously fancy footwork when you tell your spouse you want a divorce. While you may be tempted to unload years worth of grievances, or let your spouse know just how hurt you are by serving them in public, don’t act until you consider the consequences. Read more
Finding The Right Divorce Attorney Starts With The Right Kind Of Consultation
Safeguarding your assets, your time with your children, and the shape of your future are life-critical issues that will be decided in your divorce. When the attorney you hire is a mismatch, your divorce — and all your goals — may end up derailed.
Simply put, hiring the wrong attorney is one of the biggest mistakes you can make in divorce. However, finding the right attorney can feel like overwhelming and confusing task. With so many attorneys to choose from, how can you be sure you’re not walking into a trap?
The first step in finding an attorney to represent you in your divorce is scheduling a consultation. Some attorneys and firms routinely charge for this initial meeting; others may offer a free consultation. What’s the difference between a free and paid consultation — and which one is best for your needs?
Here are 5 important points to consider.
Read more
5 Reasons Why Divorce Can Be Good For You — And Your Kids
Contemplating divorce but worried the decision will ruin your life, and also your children’s? Newsflash: when it’s the right choice, divorce can be a good thing.
For too long, the dominant divorce paradigm has convinced us that the end of a marriage is one of the worst fates imaginable. However for many, divorce sparks a profound personal growth journey. Read more
How To Help An Adult Child Trapped In An Abusive Relationship
When her tragic disappearance and murder made headlines around the world, the life of Gabby Petito sparked a much-needed conversation about relationship safety. Anyone who watched footage of Gabby and Brian Laundrie stopped by the police in Moab, Utah, over a domestic violence dispute were left with questions…could more have been done to detect warning signs of abusive behavior? What legal steps can be taken to protect victims from their abusers? And, how do you help a loved one trapped in a violent relationship right now? Read more
How To Communicate When You’re Divorcing a Covert Narcissist
Note: This is part 2 of our 2-part series on covert narcissism. Find part 1 here: How to Spot a Covert Narcissist.
Unfortunately, covert narcissists don’t see that their self-absorbed, unreasonable behavior makes good communication almost impossible. You will forever be banging your head against the wall if you try to “talk sense” into your covert narcissist spouse or try to get him or her to see your point-of-view. So what can you do to cope with a communication-heavy process like divorce or co-parenting? Read more
What Happens To Life Insurance After Divorce?
Custody, parenting time, the marital house, the bank accounts: all are issues that divorcing couples have on the forefront of their minds, probably because who is going to live in the marital home and who gets custody of the children are issues that are in the present. The here and now. But, what about future issues that may arise after divorce…like life insurance?
Read more
You Got the House in the Divorce: Along with a Huge Lien!
The dust settled and the smoke cleared after your divorce. The final papers were signed nearly eight months ago and Sarah had really started to move forward, full-steam with her life post-divorce. In her and James’ settlement, they agreed that she would get the vacation home in South Carolina. And, as Sarah began to complete the paperwork to transfer the property to her name only, she discovers a massive debt incurred by James. That debt resulted in a lien against the property that she had no idea existed. Now what?
Sarah is understandably very upset and does not want to be responsible for this debt that she never know James racked up paying for gambling debts he put on her credit cards. And, because of the lien, if she tries to sell the property, the debt of nearly $150,000 will be paid to the credit card companies as part of the sale proceeds. She is at her wits end, but simply does not know what to do. Should she confront James? Does she need to go back to court? Is her divorce settlement even valid?
Both Sarah and James had attorneys in the divorce and she believed that she was protected. Her attorney was thorough and requested all information about the couples finances during the process. Her attorney even asked to depose James because of some uncertainty about his business income. At no time did James ever mention this gambling debt or that the credit card companies were coming after the vacation home. Sarah firmly believes that he hid this purposefully from her in an attempt to walk away from the responsibility of paying his gambling debts.
Sarah may have a good case to go back into her divorce and reopen the final judgment of divorce. It’s certainly not easy to go back to court and tell the judge that your divorce needs to be reexamined. But, if a fraud was committed by James lying not only to Sarah, but to the court, this may be exactly what happens. New Jersey court rule 4:50-1 allows courts to change a divorce settlement for a variety of reasons. Most relevant to Sarah and James are:
Just discovering new evidence: If you weren’t aware of information during your divorce and you just learned about it, such as Sarah learning of the lien, you can ask the court to reopen your divorce case and take into account this new information.
You’ve learned of fraud or other misconduct by your ex: If James did purposefully keep this information from Sarah and her attorney during the divorce, she could argue that her divorce needs to be reexamined by the court because this fraud made her act a certain way during the negotiations and settlement. It is without question that Sarah would not have accepted the vacation home with the debt and that fact would certainly have affected the outcome of their divorce. Perhaps James would have had to satisfy the debt. Or, Sarah may have accepted a different piece of property.
The case involved a mistake or excusable neglect: Let’s give James the benefit of the doubt. Perhaps he really did not recall the lien on the North Carolina property. Perhaps at the time of the divorce negotiations and settlement, the lien hadn’t attached, yet and he simply forgot this was a possibility. Maybe James told his attorney, but his attorney did not relay the information. Any of these scenarios is still a reason for a court to consider going back into the divorce and allowing the parties to rework their settlement.
Sometimes, reopening a divorce means that a divorce trial may have to happen. If the settlement as it is simply is not workable, the parties may come to an impasse. In that situation, the judge will have to hear both sides of the issue and make a decision regarding some or all of the issues of the divorce. If you can, attempt to again work out your issues. It will certainly save you time and money.
Above all, if you discover that you have been misled or tricked into a settlement agreement with your ex-spouse, talk to your divorce attorney immediately. Bring to them the newly discovered evidence and detail all that you have learned since the divorce. Your attorney will be able to guide you appropriately and will be able to represent you in a motion to reopen your divorce if it comes to that. Your attorney may also suggest asking for sanctions against your spouse, especially if her or she willfully misrepresented facts to you, your attorney and the judge.
If you have further questions about your divorce settlement or any other family law issue, contact us today to schedule your confidential consultation with one of our experienced and compassionate attorneys.
Swiping Right On Post-Divorce Dating
Image copyright Mactrunk, Depositphoto.com
If you’re diving back into the dating scene post-divorce, the complexities of this terrain may make you feel like you’re in a foreign land without a map. And you’re not alone in your confusion! Read more