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lizk0114
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Good things to have in your Divorce Decree...
      #778734 - 02/29/12 02:12 PM

I have finally hired a lawyer to clean up the mess that my previous lawyer left. I am getting my divorce decree wrote up and my lawyer is going to email it to me to go over before he sends it to my X. What are some things that are a must? My X owes me a great deal of money and is soon to have another judgement on him for letting the car get repossessed. Is there such a thing as putting a clause in the DD that protects me should he file bankruptcy? Any input would be helpful. Thank you all.

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Maury
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Re: Good things to have in your Divorce Decree... [Re: lizk0114]
      #778737 - 02/29/12 02:26 PM

Those are questions you should be asking your lawyer.

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javajunkiee
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Re: Good things to have in your Divorce Decree... [Re: lizk0114]
      #778738 - 02/29/12 02:26 PM

Protecting you how if he files BK? A divorce agreement won't stop a creditor from pursuing you if he files BK or defaults.

The one thing I would never have in my decree is an agreement to allow him to refinance things out of my name AFTER the divorce is final. Too many people get stuck with no way to enforce it, or impose consequences.

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Marriage doesn't come with a money-back guarantee.


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Maury
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Re: Good things to have in your Divorce Decree... [Re: javajunkiee]
      #778741 - 02/29/12 02:33 PM

I think she means - how does she protect herself against her spouse filing bankruptcy on his obligations under the divorce decree. Around here that can be done by tying the financial settlements in with spousal support and/or its waiver. If one party defaults on the obligations, it raises the possibility of returning to curt to seek spousal support should creditors not come after the non obligated spouse under the decree.

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Runswithscissors
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Re: Good things to have in your Divorce Decree... [Re: Maury]
      #778750 - 02/29/12 04:06 PM

brilliant captain obvious... I think the poster just wants some ideas and of course, we all know that not all lawyers are as brilliant as you and may miss something a time or two... = )

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MrsB
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Re: Good things to have in your Divorce Decree... [Re: lizk0114]
      #778852 - 03/01/12 06:52 PM

Regarding the BK - the creditors will only come after you if he files (and your name is also on that debt). However if he is responsible for a portion or all of that debt he claims on BK - if it's written in the decree that he owes it, you will have to jump through some hoops but will have to go through family court or small claims court to get it - IME.

Like Maury said - you definitely want to discuss this with your attorney.

Good luck!


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